UNIVERSITY 

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LOS  ANGELES 


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THE 


CLERK'S   ASSISTAI^T, 


CONTATNINO  A  LABGE  VABIETT  OF 


LEGAL  FORMS  AND  INSTRUMENTS, 

ADAPTED  NOT  ONLY  TO 

COUNTY   AND    TOWN    OFFICERS, 


BUT  TO  THE  WANTS  OP 


PROFESSIOML  AND  BUSINESS  MEN 


THROUGHOUT  THE 


UNITED    STATES; 

HAVING  PARTICULAR  REFERENCE  TO  THE 

MIDDLE,  EASTEKN  AND  WESTERN  STATES. 


HENRY  S.  McCALL, 

111  ■' 

COUNSELOR  AT  liAW. 


a?IIIE.r>     EDITION". 


ALBANY: 
WILLIAM  GOULD  &  SONS,  Law  Publishees, 

N"©.    68    State    Street. 
1872. 


Entered,  according  to  act  of  Congress,  in  the  year  one  thousand  eight  hundred 
and  seventy-two, 

By  WILLIAM  GOULD  &  SONS, 

In  the  office  of  the  Librarian  of  Congress,  at  Washington. 


T 


WEED,  PAES0N8  AND  COMPANY, 

PEINTEES  AND  STEBE0TTPEE8, 

ALBANT,  N.  T. 


PREFACE 

TO  THE  THIED  EDITION, 


The  great  favor  witli  wliicli  the  former  editions  of  this 
work  have  been  received  by  the  legal  profession,  and  the 
large  class  of  officers  for  whom  it  was  designed,  has 
induced  the  publishers  and  the  author  to  prepare  a  third 
edition.  In  doing  this  they  have  made  a  careful  revision 
of  the  text;  have  altered  many  of  the  forms  to  adapt 
them  to  the  many  changes  which  have  been  made  in  oui' 
statutes  since  the  first  edition  of  the  work  was  issued. 

The  work  has  been  published  a  sufficient  length  of 
time  that  the  public  may,  in  some  measure,  have  become 
acquainted  with  its  merits.  And  although  it  may  be 
said  to  have  had  an  unprecedented  sale  at  the  com- 
mencement, yet  the  work  has  continued  to  increase  in 
public  favor,  year  by  year,  from  the  first  publication. 
Grateful  to  the  public  for  their  extensive  favors  in  the 
.  past,  the  publishers  still  trust  a  farther  increase  of  their 
patronage. 


767717 


PREFACE 

TO  THE  FIRST  EDITION. 


Every  active  business  man  lias  almost  daily  occasion 
to  di'aw  leases,  assignments,  or  other  .papers,  intlie  ordi- 
nary transaction  of  his  duties.  To  draw  these,  without 
any  form  to  direct,  requires  more  time  and  attention 
than  can  be  advantageously  devoted  to  it;  while  the 
continued  employing  of  an  attorney  to  draw  all  such 
necessary  papers  becomes  a  bm'densome  tax  and  ex- 
pense, requu'ing  no  small  portion  of  the  gains  of  a  man 
in  moderate  business.  The  difficulty  arises,  not  so  much 
in  framing  that  part  of  the  contract  or  instrument  which 
has  inunediate  reference  to  the  things  to  be  done,  as  to 
the  technical  language  used  in  the  less  formal  parts  of 
the  instrument,  such  as  at  the  beginning  and  close.  For 
this  purpose,  it  becomes  important  to  have  at  hand  a 
work,  ample  and  complete  in  the  many  various  forms, 
correctly  framed  to  stand  the  test  of  litigation  if  need 
be,  as  well  as  embracing  such  practical  information  of 
elementary  legal  principles  as  will  guide  to  a  correct 
understanding  of  ordinary  rights  and  duties,  without 
resorting  to  professional  aid. 

The  object  of  this  work  is  to  satisfy  the  wants  of  the 
community  in  this  respect,  and  fm^nish  a  valuable  guide 


PREFACE.  V 

and  assistant  to  men  of  active  pursuits,  in  all  tlie  various 
departments  of  life.  The  lawyer  will  find  it  a  ready  hand- 
book of  precedents  to  that  class  of  papers  and  instiai- 
ments  which  lie  out  of  the  strict  forms  embraced  in 
actions  and  suits  at  law,  while  the  magistrate  and  county 
and  town  officer  will  find  in  it  forms  adapted  to  their 
varied  wants  and  necessities;  and  the  merchant,  the 
mechanic,  the  farmer  and  man  of  business  will  welcome 
it  as  a  reliable  guide  and  director  in  the  discharge  of 
such  public  duties  as  may  devolve  upon  them,  as  well 
as  in  the  transaction  of  their  individual  concerns. 

Although  the  work  has  in  it  several  chapters  adapted 
to  specific  statutes  of  the  State  of  New  York,  yet  it  will 
be  found,  in  nearly  all  of  its  numerous  pages,  well  suited 
to  the  wants  of  all  of  the  Eastern,  Middle  and  Western 
States,  as  particular  attention  has  been  paid  to  providing 
all  the  most  needed  fonns  for  every  State  in  the  Union. 

The  kind  favor  with  which  the  author's  previous  works 
have  been  received  by  the  profession  to  which  he  belongs, 
leads  him  to  hope  that  he  has,  in  the  present  work,  ac- 
complished something  that  will  be  of  great  aid  and  assist- 
ance, not  only  to  the  lawyer,  but  to  business  men  of 
every  class  and  condition. 

Albany,  November,  1860. 


CONTENTS. 


CHAPTER  I. 

PAGE 

Acknowledgment  and  proof  of  papers  to  be  recorded, 1 

CHAPTER   n. 
Apprentices  and  Servants, 19 

CHAPTER  ni. 

Arbitration  and  Award, 37 

< 

CHAPTER  IV. 
Assignments, 47 

CHAPTER  V. 
Auctions, 63 

CHAPTER  VI. 
Banlis  and  Corporations, 70 

CHAPTER  VII. 
Bills  of  Exchange  and  Promissory  Notes, 90 

CHAPTER  VIII. 
Bills  of  Sale  and  Chattel  Mortgage, 100 

CHAPTER  IX. 
Bonds, 107 

CHAPTER  X. 
Clerks  and  Criers, 116 

CHAPTER  XL 
Contracts  and  Agreements, .♦<  129 

CHAPTER  XII. 
Conveyances  by  Deed  and  Mortgage, 140 


CONTENTS.  Vll 

CHAPTER  XIII.  PAOK. 

Coroners, 1^^ 

CHAPTER  XIV. 
Covenants, •'•' ' 

CHAPTER   XV. 
Debtor  and  Creditor, 183 

CHAPTER  XVI. 
Dower, 201 


ilixcise, 


CHAPTER  XVII. 

211 


CHAPTER  XVIII. 
Fees  of  Officers, 21& 

CHAPTER  XIX 
Fence  Viewers, 235 

CHAPTER  XX. 
Ferries, 241 

CHAPTER  XXI. 
Highways, 246 

CHAPTER  XXII. 
Husband  and  Wife, 287 

CHAPTER  XXHI. 
Homestead  Exemption, 297 

CHAPTER  XXIV. 
Insurance, ^^-^ 

CHAPTER  XXV. 
Justices'  Courts, ^^^ 

CHAPTER  XXVI. 
Landlord  and  Tenant, 361 

CHAPTER  XXVII. 
Lunatics, 387 

CHAPTER  XXVIII. 
Mechanics'  Lien, 31' 


Vlll  CONTENTS. 

CHAPTER  XXIX.  pack. 

ITaturalization, 402 

CHAPTER  XXX. 
Partnership, 408 

CHAPTER  XX^I. 
Patents, 418 

CHAPTER  XXXII. 
Pensions 432 

CHAPTER  XXXIII. 
Plank  Roads 442 

CHAPTER  XXXIV. 
Poor  Laws, 454 

CHAPTER  XXXV. 
Powers  of  Attorney, 489 

CHAPTER  XXXVI. 
Receipt  and  Release, 497 

CHAPTER  XXXVII. 
Schools, 502 

CHAPTER  XXXVIII. 
Ships  and  Vessels, 521 

CHAPTER  XXXIX. 
Strays, 528 

CHAPTER  XL. 
Taxes, 532 

CHAPTER  XLI. 
Town  Officers, 543 

CHAPTER  XLII. 
Wills, 552 


THE 


CLERKS    ASSISTANT. 


CHAPTER  L 


JlCkijowledgment  and  proof  of  papers  to  be  recorded. 

By  the  laws  of  every  State  in  the  Union,  all  deeds  and  con- 
veyances of  land,  except  certain  chattel  interests,  are  required, 
for  certain  purposes,  to  be  recorded,  ujDon  previous  proof  or 
acknowledgment.  If  not  recorded,  they  are  still  good,  and  pass 
the  title  as  against  the  grantor  and  his  heirs  and  devisees;  and 
void  only  as  to  subsequent  bona  fide  purchasers  and  mortgagees 
whose  deeds  and  conveyances  shall  be  first  recorded.  But  in 
Maryland,  Yirghiia,  and  North  Carolina,  a  deed  must  be  duly 
acknowledged  and  recorded  in  order  to  be  valid  even  as  between 
the  grantor  and  grantee. 

The  New  York  Revised  Statutes  {vol.  3,  p.  45,  bth  ed.)  require 
all  conveyances  of  lands,  tenements  and  chattels  real,  excepting 
leases  for  a  terra  not  exceeding  three  years,  to  be  recorded.  Such 
conveyances,  and  all  other  instruments  required  to  be  acknow- 
ledged, may  be  acknowledged  or  proved  before  the  following 
officers : 

1.  In  the  State:  Justices  of  the  Supreme  Courr,  Judges  of 
County  Courts,  Mayors  and  Recorders  of  cities.  Justices  of  the 
Peace,  Commissioners  of  Deeds,  Notaries  Public. 

2.  Out  of  the  State,  and  in  the  United  States :  The  Chief  Justice 
and  Associate  Justices  of  the  Supreme  Court  of  the  United  States, 
District  Judges  of  the  United  States,  the  Judges  or  Justices  of 
the  Supreme,  Superior  or  Circuit  Court  of  any  State  or  Territory 
within  the  United  States,  and  the  Chief  Judge  or  any  Associate 


2  THE  CLERK'S  ASSISTANT. 

Judge  of  tlie  Circuit  Court  of  the  United  States  in  tlie  District 
of  Columbia,  Majors  of  cities  in  the  United  States,  Commission- 
ers of  Deeds  appointed  by  the  Governor  of  this  State  in  other 
States  and  Territories  and  the  District  of  Columbia. 

8.  Out  of  the  United  States :  Any  Consul  of  the  United  States, 
resident  in  any  foreign  port  or  countrjr;  any  Minister  Plenipo- 
tentiary, or  any  Minister  Extraordinary,  or  any  Charge  des 
Affaires  of  the  United  States  resident  in  any  state  or  kingdoi^i  in 
Europe  or  in  North  or  South  America ;  the  Mayors  of  London, 
Dublin,  Edinburgh,  and  Liverpool;  a  judge  of  the  highest  court 
in  Upper  or  Lower  Canada;  or  persons  appointed  by  the, Gov- 
ernor of  this  State  resident  in  certain  cities  in  Europe,  and 
persons  specially  authorized  by  a  commission  under  the  seal  of 
the  Supreme  Court  of  this  State.  (3  7?.  jS.,  46-58,  5th  ed.) 

It  is  also  provided,  that  the  proof  or  acknowledgment  of  any 
deed  or  other  written  instrument  required  to  be  proved  or 
acknowledged  in  order  to  entitle  the  same  to  be  recorded  or  used 
in  evidence,  when  made  by  any  person  residing  out  of  this  State 
and  within  any  other  State  or  Territory  of  the  United  States, 
may  be  made  before  any  officer  of  such  State  or  Territory  autho- 
rized by  the  laws  thereof  to  take  the  proof  and  acknowledgment 
of  deeds :  to  this  there  should  be  attached  a  certificate  under  the 
name  and  official  seal  of  the  clerk,  register,  recorder,  or  a  protho- 
notary  of  the  county  in  which  such  officer  resides,  or  of  the 
county  or  district  court  or  court  of  common  pleas  thereof,  speci- 
fying that  such  officer  was,  at  the  time  of  taking  such  proof  or 
acknowledgment,  duly  authorized  to  take  the  same,  and  that 
such  clerk,  register,  recorder,  or  prothonotary  is  well  acquainted 
with  the  handwriting  of  such  officer,  and  verily  believes  that  the 
signature  to  said  certificate  of  proof  or  acknovdedgment  is  genu- 
ine. (3  B.  S.,  46,  5th  eel;  6  Abbott's  Prac.  Rejj.,  180.) 

Provisions  similar  to  this  are  adopted  in  other  States :  In 
Illinois,  Kansas,  Michigan,  Minnesota,  Nebraska,  Nevada,  New 
Jersey,  Ohio,  Oregon ;  in  Pennsylvania  {S.  of  1840,  chaj?.  586) ; 
in  Yermont  {R.  S.  of  1851,^.  385) ;  in  Wisconsin  {R.  S.  of  1849, 
p.  327.) 

For  several  of  the  States,  the  acknowledgment  may  be  taken 
in  any  other  State  before  a  judge,  justice  of  the  peace  or  magis- 
trate, and  certified  by  the  clerk  of  the  county :  Indiana,  Yirginia, 


ACKNOWLEDGMENTS,  &c.  3 

West  Yirginia,  Massachusetts  {R.  S.  of  1836,  p.  40Y) ;  Maine 
{R.  8.  of  1857,  p.  451) ;  Mississippi  {E.  8.  of  1857,  p.  312) ; 
Rhode  Island  {R.  8.  of  1857,  p.  336) ;  Connecticut  {8tatutes  of 
1854,  p.  632) ;  but  they  must  acknowledge  thej  executed  the  same 
as  their  free  act  and  deed. 

The  requirement  of  the  statute  relative  to  the  proof  and 
acknowledgment  of  conveyances,  and  other  instruments,  must  be 
substantially  complied  with,  (2  Barhour's  Gh.  Rep.,  232.)  If  the 
execution  of  the  instrument  or  conveyance  is  acknowledged  by 
the  party  in  person,  the  of&cer  must  certify  that  he  knows  him 
to  be  the  person  described  in  and  who  executed  the  same ;  or, 
if  proved,  it  must  appear  by  the  certificate  that  the  subscribing 
witness  testified  as  to  his  own  place  of  residence,  and  that  he 
knew  the  person  described  in  and  who  executed  such  conveyance. 
(3  R.  8.,  53,  5th  ed.) 

Material  erasures  or  interlineations,  occurring  in  any  convey- 
ance or  instrument,  should  be  noted  previous  to  the  execution  of 
the  same,  or  referred  to  in  the  certificate  of  the  officer  taking  the 
proof  or  acknowledgment.  If  the  proof  or  acknowledgment  of 
an  instrument  is  taken  in  one  State  to  be  used  in  another  State, 
the  venue  of  the  certificate  should  show  in  what  State  the  proof 
or  acknowledgment  is  taken. 

Where  the  witnesses  to  any  conveyance  shall  be  dead,  the 
same  may  be  proved  before  any  officer  authorized  to  take  the 
proof  and  acknowledgment  of  deeds,  other  than  commissioners 
of  deeds  and  county  judges  not  of  the  degree  of  counsel  in  the 
Supreme  Court.  The  proof  of  the  execution  of  any  conveyance 
in  such  case  shall  be  made  by  satisfactory  evidence  of  the  death 
of  all  the  witnesses  thereto,  and  of  the  handwriting  of  such 
witnesses,  or  any  one  of  them,  and  of  the  grantor ;  all  which 
evidence,  with  the  names  and  places  of  residence  of  the  witnesses 
examined  before  him,  shall  be  set  forth  by  the  officer  taking  the 
same,  in  his  certificate  of  such  proof.  (3  R.  8.,  58,  5th  ed.) 

Upon  the  application  of  any  grantee  in  .any  conveyance,  his 
heirs  or  personal  representatives,  or  of  any  other  person  claiming 
under  them,  verified  by  the  oath  of  the  applicant  thac  any 
witness  to  the  conveyance,  residing  in  the  county  where  such 
application  is  made,  refuses  to  appear  and  testify  touchmg  the 
execution  thereof,  and  that  such  conveyance  cannot  be  proved 


4  THE  CLERK'S  ASSISTANT. 

without  bis  evidence,  any  officer  authorized  to  take  the  acknow- 
ledo-ment  or  proof  of  conveyances,  except  a  commissioner  of  deeds, 
may  issue  a  subpoena  requiring  such  witness  to  appear  and  testify 
before  such  officer  touching  the  execution  of  such  conveyance. 
(3  R.  S.,  54,  bth  ed.) 


FORMS. 


BY  aRANTOR  KNOWN  TO   THE  OFFICER. 

City  and  County  of  Albany,  ss.  On  this  30th  day  of  July,  1860,  before  mo 
personally  came  C.  D.  to  me  known  to  be  the  person  described  in,  and  who 
executed  the  within  (foregoing  or  above)  instrument,  and  acknowledged  the 
execution  thereof  for  the  uses  and  purposes  therein  mentioned. 

A.  B.,  Cotumissioner  of  Deeds^ 


No.  a. 

BY   HUSBAND    AND    WIFE    KNOWN    TO    THE    OFFICER. 

Albany,  City  and  County,  ss.  On  tliis  18th  day  of  April,  1859,  before  me 
personally  and  severally  came  the  within  named  E.  F.  and  Gr.  H.,  his  wife, 
to  me  known  to  be  the  person  described  in,  and  who  executed  the  within  (or 
annexed)  instrument,  and  severally  acknowledged  the  execution  thereof. 
And  the  said  G.  H.,  on  a  private  examination  by  me  made  apart  from  her  hus- 
band, acknowledged  that  she  executed  such  conveyance  freely,  and  without 
any  fear  or  compulsion  of  her  said  husband. 

A.  B.,  &c. 


ISO.    3. 

BY   A   SUBSCRIBING   WITNESS   KNOWN   TO    THE   OFFICER. 

Rensselaer  County,  ss.  On  this  third  day  of  March,  1858,  before  me  came 
E.  F.  to  me  known,  the  subscribing  witness  within  named,  who  being  by  me 
sworn,  did  depose  and  say  that  he  resides  in  the  town  of  Nassau,  county  afore- 
said, that  he  knows  G.  H.  the  grantor  within  named,  knows  him  to  be  the 
grantor  who  is  described  in  and  who  executed  the  within  instrument,  that  he 
was  present  and  saw  the  said  G.  H.  execute  the  same,  and  that  he  thereupon 
subscribed  his  name  as  a  witness  thereto. 

B.  0.,  Justice  of  the  Peace. 


ISO.    4. 

BY   A   GRANTOR   IDENTIFIED   BY   A   WITNESS. 

Orange  County,  ss.  On  this  fifth  day  of  April,  1858,  before  me  came  the 
above  named  G.  H.  the  grantor  named  in  the  foregoing  instrument,  and  ac- 
knowledged that  he  had  executed  the  foregoing  instrument  for  the  uses  and 
purposes  therein  mentioned  :  and  at  the  same  time  before  me  came  A.  B.  to  me 


6  THE  CLERK'S  ASSISTANT. 

known,  who  being  by  me  sworn  did  say,  that  he  resides  in  the  town  of 
Goshen,  county  aforesaid,  that  he  knew  the  said  G.  H.,  the  person  making 
Baid  acknowledgment,  to  be  the  individual  described  in  and  who  executed  the 
said  instrument ;  which  to  me  is  satisfactory  evidence  thereof. 

B.  P.,  &c. 

JVo.    »J. 

BY   A   HUSBAND   AND   WIFE   IDENTIFIED   BY   A   WITNESS. 

County  of  Dutchess^  ss.  On  this  tenth  day  of  January,  1859,  L.  M.  and  N. 
M.  his  wife  personally  came  before  me  and  severally  acknowledged  that  they 
had  executed  the  within  {or  foregoing)  conveyance  {or  instrument)  for  the 
uses  and  purposes  therein  mentioned  ;  and  the  said  N.  M.  on  a  private  exam- 
ination apart  from  her  husband,  acknowledged  that  she  executed  the  same 
freely  and  without  any  fear  or  compulsion  of  her  said  husband :  and  at  the 
same  time  came  before  me  R.  S.  to  me  known,  who  being  by  me  sworn  did  say, 
that  he  resides  in  the  town  of  Rhinebeck,  in  said  county,  and  that  he  knew 
the  said  L.  M.  and  N.  M.  to  be  the  same  individuals  described  in  and  who 
executed  the  within  conveyance,  which  to  me  is  satisfactory  evidence  thereof! 

S.  G.,  &c. 


BY   HUSBAND   KNOWN,    AND   WIFE   IDENTIFIED. 

City  and  County  of  Schenectady,  ss.  On  this  fifteenth  day  of  February, 
1859,  before  me  came  the  within  named  A.  B.  and  C.  his  wife,  and  severally 
acknowledged  that  they  had  executed  the  within  instrument ;  and  I  certify 
that  I  know  the  said  A.  B.  to  be  one  of  the  persons  described  in  and  who 
executed  said  instrument;  and  the  said  C.  on  a  private  examination  by  me 
apart  from  her  husband,  acknowledged  that  she  executed  the  same  fi-eely  and 
without  any  fear  or  compulsion  of  her  husband  :  and  at  the  same  time  before 
me  came  S.  R.  to  me  known,  who  being  by  me  SAVorn  did  say,  that  he  resided 
in  the  city  and  county  aforesaid,  and  that  he  knew  the  said  0.  who  made  the 
acknowledgment  as  aforesaid  to  be  the  same  individual  described  in,  and  who 
executed  the  within  conveyance,  which  is  to  me  satisfactory  evidence  thereof, 

H.  L.,  Commissioner  of  Deeds. 


BY   TWO   PERSONS.    ONE   KNOWN,    AND   ONE   IDENTIFIED. 

County  of  Warren,  ss.  On  this  second  day  of  January,  1859,  before  me 
personally  came  L.  M.  and  N.  0.  and  severally  acknowledged  that  tliey  had 
executed  the  foregoing  instrument :  and  I  certify  that  I  know  said  L.  M.  to 
be  one  of  the  persons  described  in  and  who  executed  the  foregoing  instru- 
ment ;  and  at  the  same  time  appeared  before  me  R.  H.  to  me  known,  who 
being  by  me  sworn  did  say,  that  he  resides  in  the  city  and  county  of  Albany, 
and  that  he  knew  the  said  N.  0.  to  be  one  of  the  persons  described  in  and 
who  executed  the  foregoing  instrument,  which  is  to  me  satisfactory  evidence 
thereof. 

K.  B.,  &a 


ACKNOWLEDGMENTS,  &c.  7 

No.    8. 

BY  A  PERSON  CONVEYING  BY  A  POWER  OF  ATTORNEY. 

Onondaga  County,  ss.  On  the  5tli  day  of  October,  IRnS,  before  me  cams 
S.  R.,  to  me  known,  and  acknowledged  that  he  executed  the  within  convey- 
ance \or  instrument)  as  the  act  and  deed  of  B.  P.,  therein  described  by  virtue 
of  a  power  of  attorney,  duly  executed  by  the  said  B.  P.,  bearing  date  the  1st 
day  of  July,  1857,  and  recorded  in  the  oSice  of  the  clerk  of  the  county  of 
Onondaga,  on  the  2d  day  of  July,  1857. 

K.  K.,  Justice  of  the  Peace. 


No.    ©. 

BY   UNDERSHERIFF   IN   THE   NAME   OF   SHERIFF. 

Essex  County,  ss.  On  this  18th  day  of  July,  1858,  J.  G-.,  to  me  known,  be- 
fore me  personally  came,  and  acknowledged  that  he,  as  undersheriff  of  H. 
M.,  Esq.,  the  sheriff  of  the  county  of  Essex,  had  executed  the  foregoing  con- 
veyance, in  the  name  and  as  the  act  and  deed  of  the  said  sheriff. 

L.  0.,  Justice,  &c. 


ISo.    XO. 

BY   WITNESS   NOT   KNOWN   BUT   IDENTIFIED,    &C. 

Cayuga  County,  ss.  On  this  5th  day  of  July,  1859,  before  me  came  R.  B., 
who,  being  by  me  duly  sworn,  did  depose  and  say,  that  he  resides  in  the  town 
of  Stillwater,  in  the  county  of  Saratoga,  that  he  knew  L.  M.,  within  named, 
knew  him  to  be  the  person  described  in,  and  who  executed  the  within  instru- 
ment, that  he  saw  the  said  L.  M.  execute  the  same,  and  that  thereupon  he 
subscribed  his  name  thereto  as  a  subscribing  witness;  and  at  the  same  time 
before  me  came  L.  S.,  to  me  known,  who  being  by  me  sworn  did  say  that  he 
resides  in  Syacuse,  in  the  county  of  Onondaga,  and  that  he  knows  the  said  R. 
B.  to  be  the  same  person  who  was  a  subscribing  witness  to  the  withm  con- 
veyance, which  is  to  me  satisfactory  evidence  thereof. 

K.  P.,  &c. 


ISO.    11. 

BY   A   SUBSCRIBING   WITNESS   OF   A   DEED   EXECUTED   BY   A   HUSBAND   AND   WIFE 
RESIDING    OUT    OF    THE    STATE. 

Albany  City  and  County,  ss.  On  the  6th  day  of  December,  1858,  before  me 
came  R.  P.,  tlie  within  subscribing  witness,  to  me  known,  who  being  by  me 
duly  sworn,  did  depose  and  say  that  he  resides  in  the  city  of  Schenectady,  that 
he  knows  tiie  within  named  K.  L.,  and  P.  his  wife,  knows  them  to  be  the 
persons  described  in,  and  who  executed  the  within  conveyance,  that  he  was 
present  ai.d  saw  the  said  K.  L.,  and  P.  his  wife,  execute  the  same,  and  that  there- 
upon he  became  the  subscribing  witness  thereto ;  that  at  the  time  of  such  exe- 
cution the  said  K.  L.,  and  P.  his  wife,  were  residents  of  the  city  of  Boston,  in 
the  State  of  Massachusetts,  and  the  said  conveyance  was  executed  in  the  said 
city  of  Boston. 

K.  A.,  &c 


THE  CLERK'S  ASSISTANT. 


BY    WITNESS    IDENTIFIED    IN   A    CASE    SIMILAR   TO   THE    LAST. 

[Leave  out  in  tlie  second  line  of  the  last  form  the  words  "to  me  knc-nx," 
and  add  at  the  end  of  the  form  the  following:]  At  the  same  time  appeared  be- 
fore me  B.  C,  to  me  known,  Avho  being  hj  me  sworn,  did  depose  and  say 
that  he  resided  in  the  said  city  and  county  of  Albany,  that  he  w&s  well  ac- 
quainted with  R.  P.,  and  knows  him  to  be  the  subscribing  witness  to  the 
within  conveyance,  which  is  to  me  satisfactory  evidence  thereof 

A.  B.,  &c. 


3Vo.    13. 

PROOF    OF    A    DEED    BY    AN    INCORPORATED    COMPANY. 

Columbia  County,  ss.  On  the  13th  day  of  October,  1858,  K.  L.,  to  me 
known,  came  before  me,  who  being  by  me  sworn,  did  say  that  he  resides  in 
the  city  of  Hudson,  and  is  President  of  the  Fireman's  Insurance  Company  of 
the  City  of  Hudson,  that  the  seal  affixed  to  the  foregoing  instrument  is  the 
corporate  seal  of  said  company  and  was  hereto  affixed  by  the  order  of  the 
Board  of  Directors  of  said  company,  and  that  he  signed  the  same  as  President 
of  the  Board  of  Directors  of  said  company,  by  virtue  of  a  like  order  of  said 
Board  of  Directors. 

E.  G.,  t&c. 

JSo.    14. 

PROOF  OF  THE  EXECUTION  OF  A  DEED  WHEN  THE  SUBSCRIBING  WITNESSES  ARE  DEAD. 

County  of  Albany,  ss.  I  hereby  certify  on  the  5th  day  of  August,  1858,  before 
me  came  B.  B.,  to  me  known,  and  to  whom  the  foregoing  deed  was  by  me  at 
that  time  shown,  and  the  said  B.  B.,  being  by  me  dnly  sworii,  did  depose  and  say 
that  he  resided  in  the  town  of  Watervliet  in  said  county,  and  that  he  was  well 
acquainted  with  C.  C,  the  within  grantor  named  ;  that  he  had  frequently  seen 
him  Avrite  and  knew  his  handwriting,  that  the  name  of  the  said  grantor  sub- 
scribed to  the  said  deed,  is  in  the  handwriting  of  the  said  C.  C,  and  the  said 
B.  B.,  further  deposed  and  said  that  he  was  also  well  acquainted  with  E.  D., 
one  of  the  subscribing  witnesses  to  the  said  deed,  has  seen  the  said  E.  D., 
write  frequently,  and  is  well  acquainted  with  his  handwriting,  that  at  the 
time  of  the  date  of  said  deed  the  said  E.  D.,  resided  in  the  village  of  Cohoes, 
in  said  county,  and  has  been  dead  for  about  three  years,  that  his  name  sub- 
scribed as  a  witness  to  said  deed  is  in  the  proper  handwriting  of  the  said  E. 
D.,  deceased. 

And  the  said  B.  B.,  further  deposes  that  at  the  time  of  the  date  of  said  deed 
he  was  and  for  several  years  previous  thereto,  had  been  acquainted  with  one 
A.  P.,  a  farmer,  residing  at  that  time  in  the  said  town  of  Watet-vliet,  and  a 
near  neighbor  of  the  said  grantor,  that  the  said  A.  P.,  died  about  one  year 
since,  that  he  was  not  acquainted  with  the  handwriting  of  the  said  A.  P. ;  that 
he  has  never  known  or  heard  of  any  other  person  of  the  name  of  A.  P.,  and 
that  he  cannot  say  in  whose  handwriting  the  name  last  mentioned  is  sub- 
scribed to  the  said  deed. 

And  I  further  certify  that  the  fact  proved,  as  aforesaid,  by  the  said  B.  B.,  is 
to  me  satisfactory  evidence  of  the  death  of  all  the  witnesses  to  the  said  deed 
and  of  the  handwriting  of  E.  D.,  one  of  the  said  witnesses,  and  of  the  hand- 
writing of  C.  C,  the  said  grantor. 

E.  L.,  Justice  of  the  Peace. 

N.  B.  Conveyances,  proved  and  certified  as  in  the  last  form,  may  be  recorded 
ID  the  proper  office  it  the  original  deed  be  at  the  same  time  deposited  in  the 
same  office,  there  to  remain  for  the  inspection  of  all  pei'sons  desiring  to  exam_^ 
ine  the  same.  (3  R.  S.,  58,  5th  ed.) 


ACKNOWLEDGMENTS,  &c.  9 

ISO.    X5. 

BY   TWO   HUSBANDS   AND   THEIR    WIVES. 

Rensselaer  County,  ss.  On  this  lOth  day  of  April,  1858,  before  me  person- 
ally and  severally  came  A.  A.,  and  B.  his  wife,  and  C.  C,  and  D.  his  Avife,  all 
to  me  known  to  be  the  persons  described  in  and  who  executed  the  within  in- 
strument, and  severally  acknowledged  the  execution  thereof  for  the  usee  and 
purposes  therein  mentioned ;  dnd  the  said  B.,  and  D.,  severally  on  a  private 
examination  by  me  made  separate  and  apart  from  her  several  husband  sev- 
erally acknowledged  that  they  severally  executed  the  said  instrument  without 
any  fear  or  compulsion  of  their  several  husbands. 

L.  P.,  &c. 


ISO.    lO 

BY    WIFE    IN   SEPARATE    CERTIFICATE. 


County  of  Orleans,  ss.  I  hereby  certify  that  on  this  10th  day  of  Decem- 
ber, 1858,  before  me  came  B.  B.  wife  of  C.  B.,  to  me  known  to  be  the  person 
described  in  and  Avho  executed  the  within  conveyance,  and  acknowledged  on 
a  private  examination  by  me  apart  from  her  husband,  that  slie  executed  the 
same  freely  and  without  any  fear  or  compulsion  of  her  husband. 

B.  P.,  Justice  of  the  Peace. 


TSo.  xiy. 

BY   A   SHERIFF. 

Orleans  County,  ss.  On  the  11th  day  of  December,  1858,  before  me 
came  D.  D.,  to  me  known,  sheriff  of  the  county  of  Orleans,  and  known  to  me 
to  be  the  person  described  in  and  who  executed  the  foregoing  instrument,  and 
acknowliidged  the  execution  thereof  for  the  uses  and  purposes  therein  men- 
tioned.    I^    ^I^  ^-c. 

IVo.    18. 

BY   AN   ADMINISTRATOR,    EXECUTOR   OR   TRUSTEE. 

County  of  Washington,  ss.  I  hereby  certify  that  on  this  13th  day  of 
November,  1858,  befoi-e  me  came  E.  C,  to  me  known  to  be  the  person  des- 
cribed in  and  who  executed  the  w'ithin  instrument  and  acknowledged  the 
execution  thereof,  and  acknowledged  that  he  executed  the  same  as  the  admin- 
istrator of  tlie  goods,  chattels  and  credits  of  C.  0.,  late  of  the  city  of  Albany, 
deceased,  (or  as  the  executor  of  the  last  will  and  testament  of  B.  A.,  late  of 
the  town  of  Watervliet,  deceased ;  or  as  trustee  of  H.  N.,  of  the  town  of 

^0^-)  M.  N.,  &c. 

ISo.    19. 

yORM   OF   ACKNOWLEDGMENT     IN     MAINE,     NEW     HAMPSHIRE,     MASSACHUSETTS    AND 

CONNECTICUT. 

State  of County  of Town  of    ss.      December  30, 

1858,  before  me  personally  and  severally  appeared  E.  G.,  and  C.  G.  his  wife, 
to  me  known  to  be  the  persons  described  in  £fnd  who  executed  the  foregoing 
instrument,  and  severally  acknowledged  that  they  did  severally  sign  and  seal 
tlie  same  as  their  free  act  and  deed.  p_  q^  j^^^.^^  ^j.  ^^^^  p^^^^ 

2 


10  THE  CLERK'S  ASSISTANT. 


FORiM   IX   VERMONT. 

State  of  Vermont,  Franklin  County,  ss.  Fairf.vx,  December  29,  1858, 
then  personally  appeared  H.  H.,  and  M.  H.  his  wife,  to  me  known,  and  sever- 
ally acknowledged  the  within  instrument  b^  them  signed  and  sealed,  to  be 
their  free  act  and  deed  ;  and  the  said  M.  H.  being  by  me  examined  apart  from 
ber  husband,  acknowledged  that  she  executed  the  said  deed  freely  and  with- 
r-it  any  fear  or  compulsion  of  her  husband. 

Before  me,  S.  W.,  Justice  of  the  Peace. 

(Form  in  Rhode  Island  same  as  in  New  York.) 


No.    3X. 

FORM  IN  NEW   JERSEY   AND   DELAWARE. 

State  of  New  Jersey,  County  of  Essex,  Town  of  Rahway,  ss.  On  this 
loth  day  of  December,  1858,  personally  before  me  came  C.  D.,  and  E.  his 
wife,  to  me  known  to  be  the  persons  described  in  and  who  executed  the 
foregoing  instrument,  and  having  first  made  known  to  them  the  contents 
thereof,  they  acknowledged  that  they  executed  the  same  for  the  uses 
and  purposes  therein  mentioned ;  and  the  said  E.  on  a  private  examination 
apart  from  her  husband,  acknowledged  that  she  signed,  sealed  and  deliv- 
ered the  same  as  her  voluntary  act  and  deed  freely,  and  without  any  fear, 
threats,  or  compulsion  of  her  husband.  A   B     c6c 


Ko.    33. 

FORM   IN   PENNSYLVANIA. 

State  of  Pennsylvania,  County  of  Bucks,  ss.  Be  it  remembered  that  on 
this  2d  day  of  November,  1858,  before  me,  one  of  the  Judges  of  the  Su- 
preme Court,  personally  came  G.  H.,  and  B.  his  wife,  and  acknowledged 
the  above  conveyance  to  be  their  act  and  deed ;  and  the  said  B.  being  of 
full  age,  on  a  private  examination  by  me  separate  and  apart  from  her 
husband,  the  full  contents  of  the  said  deed  being  first  made  known  to  her, 
declared  that  she  did,  voluntarily  and  of  her  own  free  will  and  accord, 
and  without  any  coercion  or  compulsion  of  her  said  husband,  seal,  and  as  her 
own  free  act  and  deed,  deliver  the  said  conveyance. 

Witness  my  hand  and  seal  j^   ^^^  j^^^^  ^^  ^^^,.^  ^^„^^_  j-^_  ^  j 


Ifo.    33. 

FORM   IN   MARYLAND. 

State  of  Marylayid,  County  of  Harford,  ss.  On  this  20th  day  of  Decem- 
ber, in  the  year  1858,  before  me  personally  came  H.  L.,  and  M.  his  wife,  to 
me  known  to  be  the  persons  described  in  and  who  executed  the  witliia 
conveyance  and  severally  acknowledged  that  they  executed  the  same ;  and 
the  said  M.  being  by  me  first  privately  examined,  out  of  the  presence  and 
hearing  of  her  husband,  declared  that  she  doth  execute  and  acknowledge 
the  same  freely  and  voluntarily,  and  without  being  induced  to  .do  so  by 
fear  or  threats  or  ill  usage  by  her  said  husband,  or  by  fear  of  his  displeasure, 
and  then  and  there  in  my  presence  did  sign  and  seal  the  same,  out  of  the 
presence  and  hearing  of  her  husband. 

L.  K.,  Associate  Judge, 


ACKNOWLEDGMENTS,  &c,  H 

IVo.    34. 

FORM  IN  VIRGINIA  AND  WEST  VIRGINIA. 

State  of  Virginia,  County  of  Fairfax,  ss.  We,  L.  M.  and  N.  P.,  two  of 
the  Justices  of  the  Peace  in  and  for  the  county  of  Fairft.x,  do  hereby  certify 
that  S.  D.,  and  E.  his  wife,  whose  names  are  signed  to  ihe  within  writing  of 
conveyance,  personally  appeared  before  us  in  the  county  aforesaid  and  sever- 
ally acknowledge  the  execution  of  the  said  writing  for  the  uses  and  purposes 
therein  mentioned ;  and  the  said  E.  being  by  us  examined  privily  and  apart 
from  her  husband,  and  having  the  writing  aforesaid  fully  explained  to  her,  she 
the  said  E.  acknowledged  the  said  writing  to  be  her  act,  and  declared  that  she 
had  willingly  executed  the  same,  and  does  not  wish  to  retract  it. 

Given  under  our  hands  this  third  day  of  November,  one  thousand  eight 

hundred  and  fifty-eight.  ,     ,,     -kt    t-.      p 

°  L-  M.,  N.  P.,  (fee 

No.    33. 

FORM   DT   GEORGIA. 

State  of  Georgia,  County  of  Franklin,  ss.  I  hereby  certify  that  on  this 
3d  day  of  July,  1858,  before  me  personally  came  L.  B.,  and  C.  his  wife,  to 
me  known  to  be  the  persons  described  in  and  who  severally  executed  the 
within  conveyance,  and  severally  acknowledged  the  execution  of  the  same ; 
and  the  said  C.  on  private  examination  by  me  acknowledged  and  agreed  that 
she  did,  of  her  own  free  will  and  accord,  subscribe,  seal,  and  deliver  Uie  said 
conveyance,  with  an  intention  thereby  to  renounce,  give  up,  and  forever 
quit  claim,  her  right  of  dower  and  thirds  and  all  her  other  interest  o^  into, 
and  to  the  lands  or  tenements  therein  mentioned. 

M.  M.,  Justice  of  the  Peace. 


3Vo.    3G. 

FORM    IN    KENTUCKY. 

State  of  Kentucky,  County  of  Hancock,  ss.  Be  it  remembered  that  on  this 
4th  day  of  May,  1859,  before  me,  L.  P.,  County  Clerk  of  the  County  Court 
of  said  County,  at  my  office  personally  came  S.  C,  and  B.  his  wife,  to  me 
known  to  be  the  persons  described  in,  and  who  executed  the  within  deed 
and  severally  acknowledged  that  they  executed  the  same  for  the  uses  and 
purposes  therein  mentioned ;  and  the  said  B.  on  an  examination  by  me,  pri- 
vily and  apart  from  her  husband,  declared  that  she  did  freely  and  willingly 
seal  and  deliver  the  said  conveyance,  which  was  then  by  me  shown  and  ex- 
plained to  her,  and  that  she  wishes  not  to  retract  it,  and  acknowledged  it  to 
be  her  act  and  consented  that  it  may  be  recorded. 

Witness  my  hand  and  seal  of  court,  at  my  office  the  day  and  year  last 
above  written.  ^   -g^   ^^^^^  ^^   ^^   ^^ 

No.  sy. 

FORM   IN   OHIO. 

State  of  Ohio,  County  of  Clinton,  ss.  Be  it  remembered,  that  on  the  5th  day 
cf  May,  1859,  before  me,  L.  B.,  a  Justice  of  the  Peace  in  and  for  said  county 
appeared  personally  L.  S.,  and  C.  his  wife,  to  me  known,  and  severally  ac- 
knowledged that  they  did  severally  sign  and  seal  and  acknowledge  the 
within  deed  as  their  free  act  and  deed;  and  the  said  C,  on  an  examination 
separate  and  apart  from  her  husband,  I  having  first  read  over  and  made 
known  to  her  the  contents  of  the  within  deed,  did  declare  that  she  did  vol- 
untarily sign  and  acknowledge  the  same  and  that  she  is  still  satisfied  there- 
with. L.,  &c.  [l.  S.J 


12  THE  CLERK'S  ASSISTANT. 


2Vo.    38. 

FORM   IN  MICHIGAN. 


Stak  of  Michigan,  County  of  Monroe,  ss.  Be  it  remembered  that  on  tnis 
6th  day  of  April,  1859,  before  me,  M.  M.,  a  Justice  of  the  Peace  in  and  for 
said  county,  personally  came  the  within  nameTi  L.  C,  and  D.  his  wife,  person- 
ally known  to  me  to  be  the  persons  described  in  and  who  executed  the  with- 
in instrument  and  acknowledged  the  same  to  be  their  free  act  and  deed ;  and 
the  said  D.,  wife  of  the  said  L.  C,  on  a  private  examination  before  me,  sepa- 
rate and  apart  from  her  said  husband,  acknowledged  that  she  executed  the 
same  freely,  and  without  any  fear  or  compulsion  from  any  one. 

M.  M.,  c&c. 


3Vo.    39. 

FORM   FOR   INDIANA. 

State  of  Indiana,  County  of  Adams,  ss.  Be  it  remembered  that  on  the 
9th  day  of  May,  1859,  before  me,  A.  B.,  a  Justice  of  the  Peace  in  and  for 
said  county,  personally  appeared  C.  D.,  and  E.  his  wife,  and  severally  acknow- 
ledged the  within  instrument  to  be  their  act  and  deed;  and  the  said  E.  on  a 
private  examination  by  me,  separate  and  apart  from  and  without  the  hearing 
of  her  husband,  I  having  first  freely  made  known  to  her  the  contents  and  pur- 
port thereof,  acknowledged  to  me  that  she  executed  the  same  of  her  own  free 
will  and  accord,  ond  without  any  coercion  and  compulsion  from  her  said  hus- 
band.    ^^  B.^  ^c. 


No.    30. 

FORM   FOR  ILLINOIS. 

State  of  Illinois,  Lake  County,  ss.  Be  it  remembered  that  on  the  10th 
day  of  October,  1858,  before  me  the  subscriber  personally  came  L.  L.,  and  M. 
his  wife,  to  me  known  to  be  the  persons  described  in  and  who  subscribed  the 
within  instrument  of  conveyance,  and  severally  acknowledged  that  they  exe- 
cuted the  same ;  and  the  said  M.  on  an  examination  separate  and  apart  from 
her  husband,  having  had  the  contents  thereof  fully  made  known  to  her  by  me, 
acknowledged  that  she  executed  the  same  and  relinquished  her  dower  to  the 
lands  and  tenements  therein  mentioned,  voluntarily,  freely,  and  without  any 
compulsion  of  her  said  husband.  -^   g     ^^ 

Pfo.    31. 

FORM   IN    MISSOURI    AND    IOWA. 

State  of  Missouri,  Jefferson  County,  ss.  Be  it  remembered  that  on  the 
11th  day  of  May,  1858,  before  me  the  subscriber  personally  came  L.  B., 
and  0.  his  wife,  personally  known  to  me  to  be  persons  described  in  and  who 
signed  the  foregoing  deed  as  the  parties  thereto  and  acknowledged  that  they 
severally  executed  the  same  for  the  uses  and  purposes  therein  mentioned ; 
and  the  said  C.  being  examined  by  me,  apart  from  her  husband  and  made  fully 
acquainted  with  the  contents  of  the  foregoing  deed,  acknowledged  that  she 
executed  the  same  and  relinquished  the  dower  in  the  real  estate  therein  men- 
tioned, freely  and  without  fear,  compulsion,  or  undue  influence,  of  her  saic 
husband. 

A.  G-.,  <fcc. 


ACKNOWLEDGMENTS,  &c.  IJJ 

No.    3)3. 

FORM   IN   WISCONSIN.     - 

State  of  Wisconsin,  Racine  Coimtij,  ss.  I  hereby  certify  that  ot  this  6tli 
day  of  July,  1858,  before  me  came  the  within  named  L.  D.,  and  0.  his  wife, 
to  me  known  to  be  the  persons  described  in  and  who  executed  the  withiu 
deed,  and  severally  acknowledged  the  execution  thereof 

H.  G.,  &c. 


:no.  33. 

form  in  california, 


State  of  California,  Sacramento  County,  ss.  I  hereby  certify  that  on  this 
10th  day  of  May,  1859,  personally  appeared  before  me  the  within  named  R. 
P.,  and  K.  his  wife,  to  me  known  to  be  the  persons  described  in  and  who  ex 
ecu  ted  the  within  instrument,  and  severally  acknowledged  that  they  severally 
executed  the  same  freely  and  voluntarily  for  the  uses  and  purposes  therein 
mentioned ;  and  the  said  K.  having  been  by  me  first  made  acquainted  with 
the  contents  of  sucli  conveyance,  acknowledged  on  an  examination  had  by  me 
apart  from  and  without  the  hearing  of  her  husband,  that  she  executed  the 
same  freely  and  voluntarily  without  fear  or  compulsion  or  undue  influence  of 
her  husband,  and  that  she  does  not  wish  to  retract  the  execution  of  the  same. 

B.  C,  &c. 


JSo.    34. 

CERTIFICATE  OF  COUNTY  CLERK  TO  BE  ANNEXED  TO  THE  CERTIFICATE  OF  THE  OFFICER 
TAKING  THE  ACKNOWLEDGMENT  WHEN  IT  IS  TO  BE  USED  IN  ANOTHER  STATE. 

State  of  New  York,  City  and  County  of  Albany,  Clerh's  Office,  ss. 

I,  R.  B.,    Clerk  of  the  said  city  and  county  and,  also.   Clerk  of  the 
Supreme,  County  and  Mayor's  Courts,  being  Courts  of  Record  held 
therein,  do  hereby  certify  that  H.  H.,  whose  name  is  subscribed  to 
the  Certificate  of  Proof  or  Acknowledgment  of  the  annexed  instru- 
ment in  writing,  and  indorsed  thereon,  was,  at  the  time  of  taking  such 
f  L.  s.  J     Proof  or  Acknowledgment,  a  Commissioner  of  Deeds  in  and  for  the 
city  aforesaid,  dwelling  in  the  said  city,  and  duly  authorized  to  take 
the  same :     And  that  I  am  well  acquainted  with  the  handwriting  of 
the  said  Commissioner  and  verily  believe  that  the  signature  to  the 
said  Certificate  of  Proof  or  Acknowledgment  is  genuine ;  and  that 
the  said  instrument  is  executed  and  acknowledged  according  to  the 
laws  of  the  State  of  New  York. 
In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  my  official 
seal,  as  County  Clerk  and  CleHi  of  said  Courts,  this  10th  day  of  May,  1859. 

R.  B.,  Clerk 


ISO.    35. 

SATWFACTION   OF   A   MORTGAGE. 

A  mortgage  bearing  date  ii^e  5th  day  of  May,  1853,  executed  by  H.  M., 
and  B.  his  wife,  and  recorded  in  the  Clerk's  office  of  the  county  of  Monroe,  in 
Book  No.  35  of  mortgages,  on  pages  206,  &;c.,  on  the  6th  day  of  May,  1853, 
and  the  bond  accompanying  said  mortgage,  are  redeemed  and  satisfied,  and  I 
Hereby  authorize  the  same  to  be  discharged. 

Dated  May  10th  1859.  R.  0 


14  THE  CLERK'S  ASSISTANT. 

County  of  Monroe,  ss.  On  this  10th  day  of  May,  1859,  before  me  came  R. 
0.,  above  named,  to  me  known  to  be  the  person  described  in,  and  who  exe- 
cuted the  above  instrument,  and  acknowledged  the  execution  thereof. 

A.  B.,  Justice  of  the  Peace. 


TTo.    36. 

CERTIFICATE   OF   SATISFACTION   WRITTEN   ON   THE   MORTGAGE. 

The  within  mortgage  and  the  bond  accompanying  the  same  have  been  fully 
paid.     May  10th,  1859. 

{Add  acknowledgment  as  above.) 


lio.    ST. 

SATISFACTION   OF  A  JUDGMENT    ENTERED   IN   A   COURT   OF   RECORD   ACKNOWLEDGEB 
BY   THE   ATTORNEY. 

SUPREME  COURT  — Monroe  County. 

A    -D  )  Judgment  entered.  May  10%  1858. 


agt. 


(       Recovery, $524  38 

CD.  (       ^^^^^' ^^^2 

$538  60 
E.  F.,  Plaintiff's  Attorney. 

The  above  described  judgment  has  been  flilly  paid  and  satisfied. 

December  10th,  1858. 

E.  F.,  Attorney  for  Plaintiff. 

Monroe  County,  ss.  On  this  10th  day  of  December,  1858,  before  me  came 
the  above  named  E.  F.,  attorney  for  the  above  named  plaintiff,  to  me  known 
to  be  the  person  who  executed  the  above  instrument  of  satisfaction,  and 
acknowledged  the  execution  thereof. 

Gr.  H.,  Justice  of  (he  Peace. 


ISo.    38. 

SATISFACTION   BY   PLAINTIFF   OF   A   JUDGMENT   OF   A   COURT   OF   RECORD. 

SUPRE^IE  COURT  — Orleans  County. 


S.  H. 

agt.  >  Satisfaction  of  Judgment. 

L.  Q. 


Satisfaction  is  acknowledged  of  judgment  between  S.  H.,  plaintiff,  and  L. 
Q.,  defendant,  for  the  sum  of  §516.10. 

Judgment  entered  in  the  Judgment  Book  of  the  county  of  Orleans,  on  the 
3d  day  of  July,  1855. 

Dated  April  10th,  1859.  S.  H. 

Orleans  County,  ss.  On  this  10th  day  of  April,  1859,  before  me  came  th« 
above  named  S.  H.,  to  me  known  to  be  the  person  described  in,  and  who  ex- 
ecuted the  above  instrument  of  satisfaction,  and  acknowledged  the  execution 

thereof. 

R.  N.,  Justice  of  the  Peace 


ACKNOWLEDGMENTS,  &c.  15 


IS"o.  39. 


SATISFACTION  OF  A  JUDGMENT  OF  A  JUSTICES'  COURT  AFTER  THE  SAME  HAS  BEEN 
DOCKETED  IN  THE  OFFICE  OF  THE  COUNTY  CLERK. 

WASHINGTON  COUNTY. 


E.  P. 

agt. 

A.  B. 


Judgment  rendered  before  R.  S.,  a  justice  of  the  peace  in  and  for  said 
county,  on  the  I9th  day  of  November,  1857,  for  $26.13,  damages  and  costs. 
Transcript  filed  and  judgment  docketed  the  22d  day  of  November,  1857. 
I  hereby  acknowledge  satisfaction  of  the  above  mentioned  judgment. 
January  10th,  1859.  E.  P. 

{Add  acknowledgment  as  ahove.) 


ISO.    4  0. 

CERTIFICATE   OP   COUNTY   CLERK   THAT   JUDGMENT   HAS   BEEN   SATISFIED. 

STATE  OF  NEW  YORK, 
Supreme  (or  County)  Court,  Albany  County. 

^/-     [S!:^i::::::::::-::::::::::::::::^'g^9 

^-  ^-  )  $165  71 

RoU  filed  May  13th,  1858,  3  h.  p.  m. 

J.  G.,  Plaintiff's  Attorney. 

Supreme  (or  County)  Court,  Clerk's  Office,    ) 
City  and  County  of  Albany,  May  13th,  1859.  J 

I  certify  that  the  above  judgment  was  discharged  of  record  the  13th  day  of 
May,  1859. 

R.  P.,   Clerk 

IVo.    41. 

PETITION    FOR   A   SUBPCENA    TO    COMPEL   A   SUBSCRIBING   WITNESS    TO    PROVE    THE 
execution    of   a    CONVEYANCE. 

To  Hon.  B.  p.,  County  Judge  of  Orleans  County : 

The  petition  of  C.  C,  respectfully  shows,  that  one  E.  F.  executed  and  de- 
livered to  your  petitioner  a  deed  of  a  certain  piece  of  property,  and  that  G. 
H.,  Uving  in  said  county,  is  a  witness  to  the  execution  of  the  said  deed ;  that 
said  E.  F.,  has  died  since  the  execution  and  delivery  of  said  deed ;  that  the 
execution  of  the  said  deed  has  not  been  acknowledged  or  proved,  and  cannot 
be  so  proved  without  the  evidence  of  the  said  G.  H. ;  that  your  petitioner  has 
applied  to  the  said  G.  H.  and  requested  him  to  testify  touching  the  execution 
cf  the  said  deed,  and  that  the  said  G.  H.  has  refused  to  testify  touching  the 
execution  thereof,  notwithstanding  your  petitioner  has  called  on  the  saidG. 
H.,  in  company  with  an  officer  empowered  to  take  the  proof  of  the  execution 
thereof  Wherefore,  your  petitioner  asks  your  Honor  to  issue  a  subpoena  re- 
quiring the  said  G.  H.  to  appear  before  you  and  testify  touching  the  execu- 
tion of  said  instrument. 

C.  C. 


10  THE  CLERK'S  ASSISTANT. 

Orleans  County,  ss.     C.  C,  being  sworn,  says,  he  has  read  the  foregoing 
petition  by  him  subscribed,  and  that  the  contents  thereof  are  true. 

C.  C. 
Subscribed  and  sworn  before  me  ) 
this  10th  of  May,  1859,  f 

B.  B.,   County  Judge  of  Orleans  County. 


No.    43. 

SUBPCENA   FOR  A   SUBSCRIBING   WITNESS   TO   APPEAR   AND   TESTIFT. 

To  S.  H.,  of  the  town  of  Albion,  County  of  Orleans: 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are  hereby 
summoned  to  be  and  appear  before  me  at  my  office  in  the  village  of  Orleans 
in  said  county  on  the  llth  day  of  May,  1859,  at  2  o'clock  in  the  afternoon  to 
testify  and  give  evidence  in  regard  to  the  execution  of  a  certain  paper  writ- 
ing, purporting  to  be  a  deed  of  conveyance  from  one  E.  F.,  to  C.  C,  to  which 
you  are  a  subscribing  witness  as  appears  by  the  apphcation  of  the  said  C.  C. 
Whereof,  fail  not.     Given  under  my  hand  this  May  10th,  1859. 

B.  B.,   Orleans  County  Judge. 


Wo.    43. 

PROOF  OF  SERVICE  OF  SUBPCENA. 

County  of  Orleans,  ss.  H.  K.,  being  sworn,  says,  that  on  the. 10th  day  of 
May,  1859,  at  Albion,  in  said  county,  he  served  the  within  {or  foregoing)  sub- 
poena on  the  within  (or  foregoing  named  S.  H.,)  and  that  such  service  was 
made  by  showing  the  within  (or  foregoing)  original  subpoena,  and  at  the  same 
time  giving  to  and  leaving  with  him  a  copy  of  the  same,  and  at  the  same  time 
paying  him  fifty  cents,  his  fees. 

"B..  K.. 

Sworn  before  me  this  ) 
May  10th,  1859,      f 

B.  B.,    Orleans  Coiijity  Judge. 


ISo.    44. 

WARRANT   TO    ARREST. 


To  the  sheriff  of  the  County  of  Orleans,  Greeting : 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are  hereby  com- 
manded forthwith  to  apprehend  and  take  into  custody  G.  H.,  of  your  county 
and  bring  him  before  me,  B.  B.,  County  Judge  of  said  county,  at  my  office  in 
the  village  of  Albion,  in  the  county  of  Orleans,  to  testify  and  give  evidence  touch- 
ing the  execution  of  a  certain  conveyance  of  real  estate  made  by  E.  F.  to  C.  C, 
to  which  deed  of  conveyance  the  said  G.  H.,  is  a  subscribing  witness,  as  it  ap- 
pears to  me,  of  record;  the  said  G.  H.,  having  been  duly  subpoenaed  to  be 
and  appear  before  me  and  to  testify  and  give  evidence  in  regard  to  the  execu- 
tion of  the  said  conveyance,  and  having  neglected  and  refused  to  attend  in 
pursuance  of  said  subpoena.  Given  under  my  hand  and  seal  this  llth  day 
of  May,  1859. 

B.  B.,  &c.     L.  s. 


ACKNOWLEDGMENTS,  &c.  17 

No.    4£S. 

COMMITMENT   OF   WITNESS   REFUSING   TO   TESTIFY. 

The  People  of  the  State  of  New  York,  to  any  constable  of  the  County  of 
Orleans,  Greeting: 

Whereas,  G.  H.,  who  resides  m  the  town  of  Albion,  county  aforesaid,  hav- 
ing been  brought  before  me  on  a  warrant  to  testify  and  give  evidence  in  re- 
gard to  the  execution  of  a  certain  deed  or  conveyance  made  by  E.  F.,  to  C. 
C.,  has,  without  cause  or  reasonable  excuse,  refused  to  answer  upon  oath, 
touching  the  matters  aforesaid.  You  are  commanded  forthwith  to  commit 
and  deUver  the  said  G.  H.,  to  the  sheriff  of  the  said  county  of  Orleans,  who 
is  required  to  receive  the  said  G.  H.,  and  to  commit  and  imprison  him  in  the 
jail  of  the  said  county,  there  to  remain  without  bail  and  without  the  hberties 
of  the  jail  until  he  shall  submit  to  answer  upon  oath  as  aforesaid. 

Given  under  my  hand  and  seal  this  11th  day  of  May,  1859. 

B.  B.,  Judge  of  the  County  of  Orleans,     [us.] 


No.    46. 

OATH   TO   BE   ADMINISTERED   TO   THE   SUBSCRIBING   WITNESS. 

Ton  do  swear  in  the  presence  of  the  ever-hving  God,  that  you  will  true 
answers  make  to  such  questions  as  shall  be  put  to  you  touching  the  execution 
of  the  deed  of  conveyance  here  shown  to  you. 

OR, 

You  do  solemnly  swear,  that  you  will  true  answers  make  to  such  questions 
as  shall  be  put  to  you  in  regard  to  the  execution  of  the  deed  of  conveyance 
here  shown  to  you.     So  help  you  God. 


No.    4iy. 

OATH   TO   BE   ADMINISTERED   TO  A   PERSON   IDENTIFYING   THE   PARTIES   OR   THE 
SUBSCRIBING   WITNESS   TO    A   CONVEYANCE. 

You  do  swear  in  the  presence  of  the  ever-Uving  God,  that  you  will  true 
answers  make  to  such  questions  as  shall  be  put  to  you,  touching  the  identity  of 
the  subscribing  witness  (o?-  of  the  parties)  to  this  conveyance. 

OR, 

You  do  solemnly  swear,  that  you  will  make  true  answers  to  such  questions 
as  shall  be  put  to  you  in  regard  to  the  identity  of  the  subscribing  witness  (or 
of  the  parties)  to  this  conveyance.     So  held  you  God. 


IS"o.    48. 

AFFIRMATION   TO   BE   ADMINISTERED   TO   AN   AFFIANT. 

You  do  solemnly,  sincerely  and  truly  declare  and  affirm  that  the  contents 
of  this  affirmation  by  you  subscribed  are  true. 


No.    4». 

AFFIDAVIT   TO   A   DEPONENT   SWORN   WITH   THE   UPLIFTED   HAND. 

You  do  swear  in  the  presence  of  the  ever-Uving  God,  that  the  contents  of 
this  affidavit  by  you  subscribed  are  true. 
3 


18  THE  CLERK'S  ASSISTANT. 

ISO.    50. 

AFFIDAVIT   TO    A    DEPONENT    SWORN    ON    THE    GOSPELS. 

You  do  solemnly  swear  that  the  contents  of  this  affidavit  by  you  subscribed 
are  true.     So  help  you  God. 


CHAPTER  IL 

APPRENTICES  AND   SERVANTS. 

Apprentices  are  minors,  bound  to  service  for  a  term  of  years, 
to  lear)!  some  art  or  trade.  In  many  respects  the  relation  of  mas- 
ter and  apprentice  is  similar  to  that  of  master  and  servant.  A 
master  may  correct  his  apprentice  for  negligence  or  other  miscon- 
duct if  it  be  done  with  moderation.  He  is  entitled  to  the  wages 
and  fruit  of  the  personal  labor  of  the  apprentice,  while  the  rela- 
tionship continues,  and  the  apprentice  is  in  his  service.  The 
apprentice  is  bound  to  labor  fliithfullj  and  to  render  all  due 
obedience,  becoming  the  relation  in  which  they  are  placed. 
Contrary  to  the  case  of  hired  servant,  the  master  is  bound  to  pay 
for  medical  attendance  upon  the  apprentice  in  case  of  sickness. 

Upon  the  death  of  the  master,  the  apprenticeship  is  dissolved; 
but  the  assets  of  the  master,  in  the  hands  of  the  representatives, 
are  chargeable  with  the  necessary  maintenance  of  the  infont 
apprentice,  in  certain  cases. 

The  relation  of  master  and  apprentice,  rest  altogether  upon 
contract,  and  all  the  States  have  passed  laws  for  the  proper  regu- 
lation of  such  contracts.  In  many  respects  these  regulations  are 
similar  to  those  of  the  State  of  New  York,  which  are  as  follows : 

§1.  Every  male  infant  and  every  unmarried  female  under  the 
age  of  eighteen  years,  with  the  consent  of  the  persons  or  officers 
hereinafter  mentioned,  may  of  his  or  her  own  free  will,  bind  him- 
self or  herself  in  writing,  to  serve  as  clerk,  apprentice  or  servant, 
in  any  profession,  trade  or  employment;  if  a  male  until  the  age 
of  twenty-one  years ;  and  if  a  female,  until  the  age  of  eighteen 
years,  or  for  any  shorter  time ;  and  such  binding  shall  be  as 
valid  and  effectual  as  if  such  infant  was  of  full  age,  at  the  time  of 
making  such  engagement. 

§  2.  Such  consent  shall  be  given : 

1.  By  the  parents  of  the  infant.     But  if  the  father  be  dead, 
or  be  not  in  a  legal  capacity  to  give  his  consent,  or  if  he  shall 


20  THE  CLEKK'S  ASSISTANT. 

liave  abandoned  and  neglected  to  provide  for  liis  family,  and 
such  fact  be  certified  by  a  Justice  of  the  Peace  of  the  town, 
and  indorsed  on  the  indenture,  then, 

2.  By  the  mother.  K  the  mother  be  dead,  or  be  not  in  a  legal 
capacity  to  give  such  consent,  or  refuse,  then, 

3.  By  the  guardian  of  such  infant  duly  appointed.  If  such  in- 
fant have  no  parent  living,  or  none  in  a  legal  capacity  to  give 
consent,  and  there  be  no  guardian,  then, 

4.  By  the  Overseers  of  the  Poor,  or  any  two  Justices  of  the 
Peace  of  the  town,  or  any  Judge  of  the  County  Court  of  the 
County  where  such  infant  shall  reside. 

§  3.  Such  consent  shall  be  signified  in  writing  by  the  person 
entitled  to  give  the  same,  by  a  certificate  at  the  end  of,  or  indorsed 
upon  the  indentures,  and  not  otherwise. 

§  4.  The  executors  of  any  last  will  of  a  father,  who  shall  be 
directed  in  such  will  to  bring  up  his  child  to  some  trade  or  call- 
ing, may  bind  such  child  to  service,  as  a  clerk  or  apprentice,  in 
like  manner  as  the  father  might  have  done,  if  living. 

§  5.  The  County  Superintendents  of  the  Poor  in  the  several 
counties,  may  bind  out  any  child  under  the  ages  above  specified, 
who  shall  be  sent  to  any  county  poor  house,  or  who  is  or  shall 
become  chargeable,  or  wdiose  parent  or  parents  are  or  shall  be- 
come chargeable  to  such  county,  to  be  clerks,  apprentices  or  ser- 
vants, until  such  child,  if  a  male,  shall  be  twenty-one  years  old, 
or  if  a  female,  shall  be  eighteen  years  old ;  which  binding  shall 
be  as  effectual  as  if  such  child  had  bound  himself  with  the  con- 
sent of  his  father. 

§6.  The  Overseers  of  the  Poor  of  any  town  or  city,  may  in 
like  manner  bind  out  any  such  child,  who,  or  whose  parent  or 
parents  shall  become  chargeable  to  such  town  or  city,  or  who 
shall  have  been  sent  to  any  poor  house,  other  than  a  county  poor 
house,  with  the  consent  in  writing,  of  any  two  Justices  of  the 
Peace  of  the  town,  or  of  the  Mayor,  Recorder  and  Aldermen  of 
any  city  or  of  any  two  of  them. 

(§7.  Provides  for  binding  out  children  of  Indian  women.) 

§  8.  The  age  of  every  infant  so  bound,  shall  be  inserted  in  the 
indentures,  and  shall  be  taken  to  be  the  true  age  without  furtlier 
proof  thereof;  and  whenever  any  public  officers  are  authorized 
to  execute  any  indentures,  or  their  consent  is  rec|uired  to  the 


APPRENTICES  AND  SERVANTS.  21 

vaHditj  of  tlie  same,  it  shall  be  their  duty  to  inform  themselves 
fully  of  the  infant's  age. 

§9.  Every  sum  of  money  paid  or  agreed  for,  with,  or  in  rela- 
tion to  the  binding  out  of  any  clerk  or  apprentice,  shall  be  inserted 
in  the  indentures. 

§  10.  Whenever  any  child  shall  be  bound  out  by  the  County 
Superintendents  of  the  Poor  of  any  county,  or  by  the  Overseers  ■ 
of  the  Poor  of  any  city  or  town,  tlie  indentures  shall  contain  an 
agreement  on  the  part  of  the  person  to  whom  such  child  shall  be 
bound,  that  he  will  cause  such  child  to  be  instructed  to  read  and 
write,  and  if  a  male,  will  cause  him  to  be  instructed  in  the  gen- 
eral rules  of  arithmetic;  and  every  such  indenture  shall  also 
contain  an  agreement  that  the  master  will  give  to  such  apprentice, 
at  the  expiration  of  his  or  her  service,  a  new  Bible. 

§11.  The  counterpart  of  any  indentures  executed  by  the 
County  Superintendents  of  the  Poor,  shall  be  by  them  deposited 
in  the  office  of  the  Clerk  of  the  County ;  and  the  counterpart  of 
such  indentures  executed  by  any  Overseers  of  the  Poor  shall  be 
by  them  deposited  in  the  office  of  the  Clerk  of  their  city  or  town 

§  12.  Any  person  coming  from  any  foreign  country  beyond 
sea,  may  bind  himself  to  service,  if  an  infant,  until  he  attain  the 
age  of  twenty-one  years,  or  for  a  shorter  term.  Such  contract  of 
service  if  made  for  the  purpose  of  raising  money  to  pay  his  pas- 
sage, or  for  the  payment  of  such  passage,  may  be  for  the  term  of 
one  year,  although  such  term  may  extend  beyond  the  time  when 
such  person  will  be  of  full  age ;  but  it  shall  in  no  case  be  for  a 
longer  term. 

§  13.  No  contract  made  under  the  last  section,  shall  bind  the 
servant  unless  it  be  acknowledged  by  him  before  some  Mayor, 
Kecorder  or  Alderman  of  a  city,  or  before  some  Justice  of  the 
Peace;  nor  unless  a  certificate  of  such  acknowledgment,  and  that 
the  same  was  made  freely  on  a  private  examination,  be  indorsed 
upon  such  contract. 

§  14.  The  contracts  specified  in  the  two  last  sections,  may  be 
assigned  by  the  master,  by  an  instrument  in  writing  indorsed 
thereon  executed  in  the  presence  of  two  witnesses ;  if  such  as- 
signment be  approved  of  in  writing  by  any  magistrate  mentioned 
in  the  preceding  section,  and  such  approbation  shall  be  also 
indorsed  on  the  contract.     {S  R.  S.,  248-250,  bth  ed. ) 


22  THE  CLERK'S  ASSISTANT. 

It  is  made  llie  duty  of  the  several  Superintendents  of  ilie  Poor 
to  be  the  guardians  of  apprentices ;  to  take  care  that  the  terms  of 
the  indentures  be  fulfilled,  and  that  the  apprentices  are  properly 
used;  and  it  is  made  their  especial  duty  to  inquire  into  the  treat- 
ment of  every  such  person,  and  redress  any  grievance  in  the  man 
ner  prescribed  by  law.  The  apprentice  is  bound  to  labor  or 
serve  faithfully,  and  if  he  refuses  to  serve  he  may  be  imprisoned 
in  jail  until  he  is  willing  to  serve  according  to  law  ;  and  also  to 
serve  double  the  time  he  had  wrongfully  withdrawn  himself  from 
service,  provided  the  same  does  not  extend  beyond  three  yeans, 
next  after  the  original  time  of  service. 

Grievances  of  the  apprentice  arising  from  wrong  or  ill  usage 
on  the  part  of  the  master,  or  grievances  of  the  master  arising 
from  a  bad  or  unfaithful  apprentice,  can  be  redressed  in  the  Court 
of  Sessions  of  the  County,  or  by  any  two  Justices  of  the  Peace, 
who  have  power  to  annul  the  contract  and  discharge  the 
apprentice,  or  imprison  him  if  he  be  in  the  wrong. 

The  statute  further  provides : 

§  39.  No  person  shall  accept  from  any  journeyman  or  appren- 
tice, any  contract  or  agreement,  nor  cause  him  to  be  bound  by 
oath  or  otherwise,  that  after  his  term  of  service  expired,  such 
journeyman  or  apprentice  shall  not  set  up  his  trade,  profession  or 
employment,  in  any  particular  place,  shop,  house  or  cellar;  nor 
shall  any  person  exact  from  any  journeyman  or  apprentice  after 
his  term  of  service  expired,  any  money  or  other  thing,  for  using 
and  exercising  his  trade,  profession  or  employment,  in  anyplace. 

§40.  Every  security  given  contrary  to  the  provisions  con- 
tained in  the  last  section,  shall  be  void ;  any  money  paid,  or  valua- 
ble thing  delivered,  for  the  consideration,  in  part  or  in  whole,  of 
any  such  agreement  or  exaction,  may  be  recovered  back  by  the 
person  paying  the  same  with  interest;  and  every  person  accept- 
ino-  such  agreement,  causing  such  obligation  to  be  entered  into, 
or  exacting  money  or  other  thing  as  aforesaid,  shall  forfeit  one 
hundred  dollars  to  the  apprentice  or  journeyman  from  whom  the 
same  shall  have  been  received. 

§  41.  Upon  the  death  of  any  master,  to  whom  any  person  may 
have  been  bound  to  service,  as  clerk,  apprentice  or  otherwise  by 
the  County  Superintendents  of  the  Poor,  or  by  the  Overseers  of  the 
Poor,  the  executors  or  administrators  of  such  master,  may,  witu 


APPRENTICES  AND  SERVANTS.  ^3 

the  consent  of  the  person  bound  to  service,  signified  in  writing, 
and  acknowledged  before  a  Justice  of  tlie  Peace,  assign  the  con- 
tract of  such  service  to  any  other  person,  which  assignment  shall 
vest  in  such  assignee  all  the  rights  of  the  original  master,  and 
render  him  subject  to  all  his  obligations. 

§  42.  If  the  person  so  bound  to  service,  refuse  to  give  such 
consent,  such  assignment  may  be  made  under  the  sanction  of  an 
order  of  the  Court  of  Sessions,  after  fourteen  days'  notice  of  an 
application  to  that  effect,  served  on  the  apprentice,  his  parent  or 
guardian,  if  there  be  any  in  the  county,  and  when  so  made  such 
assignment  shall  be  as  valid  and  effectual  as  if  such  consent  had 
been  given  in  manner  aforesaid. 

§  43.  The  provisions  (above  referred  to)  apply  as  well  to  mis- 
tresses, female  guardians,  apprentices  and  wards,  respectively,  as 
to  masters,  male  guardians,  apprentices  and  wards.  ( 2  i?.  *S1,. 
254,  255,  5th  ed.) 

By  the  Laws  of  1871,  chapter  934,  the  former  provisions  have 
been  modified.  The  present  statute  requires  that  all  apprentices 
shall  be  indentured  for  a  term  not  less  than  three  nor  more  than 
five  years ;  the  employer  shall  covenant  to  provide  suitable  and 
proper  board,  lodging  and  medical  attendance,  and  teach  every 
branch  of  his  or  their  business  to  said  apprentice. 

Any  person  taking  an  apprentice  without  complying  with  the 
provisions  of  the  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  subject  to  a  fine  of  not  less  than  five 
hundred  dollars. 


FORMS. 


APPRENTICES   INDENTURE. 

This  indenture  witnesseth  that  L.  P.  of  the  town  of  Schodack,  county  of 
Rensselaer  and  State  of  New  York,  now  aged  eighteen  years,  by  and  with  the 
consent  of  R.  P.,  his  father  (or  mother,  his  father  having  abandoned  or  neg- 
lected to  provide  for  his  family,  or  being  legally  incapacitated,  or  being  dead) 
herein  indorsed,  hath  voluntarily,  and  of  his  own  free  will  and  accord,  put  and 
bound  himself  apprentice  to  B.  B.  of  the  city  of  Troy  in  the  county  aforesaid, 
to  learn  the  art,  trade,  and  mystery  of  a  baker,  and  as  an  apprentice,  to  serve 
from  this  date,  for  and  during  and  until  the  full  end  and  term  of  three  years 
next  ensuing  (or  until  the  said  L.  P.  shall  have  attained  the  age  of  twenty- 
one  years,  which  will  be  on  the  10th  day  of  June,  1862),  during  all  which 
time,  the  said  apprentice  his  master  faithfully,  honestly  and  industriously  shall 
serve,  his  secrets  keep,  all  lawful  commands  everywhere  readily  obey,  and  at 
all  times  protect  and  preserve  the  goods  and  property  of  said  master  and  not 
suffer  or  allow  any  to  be  injured  or  wasted ;  he  shall  not  buy,  sell,  or  traffic 
with  his  own  goods,  or  the  goods  of  others,  nor  be  absent  from  his  said  master's 
service  day  nor  night,  without  leave,  and  in  all  things  behave  himself  as  a 
faithful  apprentice  ought  to  do  during  the  said  term.  And  the  said  B.  B.  shall 
clothe  and  provide  for  the  said  apprentice  in  sickness  and  in  health,  and  sup- 
ply him  with  suitable  food  and  clotliiug ;  and  shall  use  and  employ  the  utmost 
of  his  endeavors  to  teach  or  cause  him,  the  said  apprentice,  to  be  taught  or 
instructed  in  the  art,  trade  or  mystery  of  a  baker ;  and  also  cause  the  said 
apprentice  within  such  term,  to  be  instructed  to  read  and  write,  and  in  the 
general  rules  of  arithmetic ;  and  at  the  end  of  the  said  term,  give  the  said  appren- 
tice a  new  Bible.  And  the  said  B.  B.  further  agrees  to  pay  the  said  L.  P.  the 
following  sums  of  money,  viz. :  for  the  first  year  of  his  service  fifty  dollars ; 
for  the  second  year  of  his  service  one  hundred  dollars,  and  for  the  third  year 
of  his  service  one  hundred  and  fifty  dollars,  which  said  payments  are  to  be 
made  on  the  tenth  day  of  June  in  each  year. 

And  for  the  true  performance  of  all  and  singular  the  covenants  and  agree- 
ment aforesaid,  the  said  parties  bind  themselves,  each  unto  the  other  firmly  by 
these  presents. 

In  witness  whereof,  the  parties  aforesaid  have  hereunto  set  their  hands  and 
seals  the  10th  day  of  June,  1859.   ' 

B.  B.  'u  s.; 
L.  P.  [l.  s.] 

JSo.  .». 

CONSENT    OF    FATHER   AND   MOTHER.  • 

"We  do  hereby  approve  of  and  consent  to  the  binding  of  our  son,  L.  P.,  as 
in  the  within  indenture  mentioned  and  set  forth. 

Dated  June  10th,  1859.  M.  P.  and  R  P. 


APPRENTICES  AND  SERVANTS.  25 

ISO.    3. 

.  CERTIFICATE   OF   JUSTICE   WHERE   MOTHER   GIVES    CONSENT. 

I,  L.  M.,  a  Justice  of  the  Peace  of  the  town  of  Schodack,  in  the  county  of 
Rensselaer,  do  hereby  certify,  that  M.  P.,  the  father  of  the  infant  named  in  the 
within  indenture,  is  not  in  a  legal  capacity  to  give  his  consent  thereto  {or  ia 
dead,  or  has  abandoned  and  neglected  to  provide  for  his  family). 

Dated  the  10th  day  of  June,  1859.  L.  M.,  Justice  of  the  Peace. 


ISo.    4. 

CONSENT    OF    GUARDIAN. 

I,  R.  R.,  the  guardian  of  L.  P.,  duly  appointed  by  the  last  will  and  testa- 
ment of  M.  P.,  deceased,  father  of  the'infant  within  named  (or  duly  appointed 
by  the  Supreme,  or  Surrogate's,  Court),  do  certify,  that  the  fathei  and  mother 
of  the  .«aid  L.  P.  are  dead  "(or  that  neither  of  said  parents  are  of  legal  capacity 
to  give  their  consent  to  the  said  indenture)  ;  and  that  I  as  such  guardian  do 
hereby  consent  that  he,  the  said  L.  P.,  may  bind  himself  in  and  by  the  said 
indenture  in  the  manner  and  on  the  terms  therein  set  forth. 

June  10th,  1859.  R.  R.,    Guardian  of  said  L.  P. 


IS  o.    5. 

CERTIFICATE    OF    COUNTY    JUDGE. 


I,  A.  B.,  County  Judge  of  the  County  of  Rensselaer,  do  certify  that  the 
within  named  L.  P.  is  an  orphan,  and  that  he  has  no  special  or  general  guar- 
dian, and  I  do  hereby  consent  that  the  said  L.  P.  may  bind  himself  by  the  said 
mdenture. 

June  10th,  1859.  A.  B.,   County  Judge 

of  Rensselaer  County. 


ISO.  e. 

CERTIFICATE  OF  OVERSEERS  OF  THE  POOR,  OR  JUSTICES  OF  THE  PEACE. 

We  the  undersigned,  Overseers  of  the  Poor  of  the  town  of  Schodack  in  the 
county  of  Rensselaer  (or  two  of  the  Justices  of  the  Peace  of  said  town)  where 
the  within  named  L.  P.  resides,  do  certify  that  the  said  L.  P.  has  no  parent 
living  (or  that  neither  of  said  parents  are  of  legal  capacity)  to  give  consent  to 
the  within  indenture,  and  that  he  has  no  guardian  and  that  we  the  said  Over- 
seers (or  Justices)  do  consent  that  the  said  L.  P.,  bind  himself  in  and  by  the 
said  indenture. 

K  K 
B.  B. 

No.    T. 

clerk's   INDENTURE. 

This  indenture  witnesseth  that  G.  H.,  aged  seventeen  years,  of  the  city  ana 
county  of  Schenectady,  State  of  New  York,  by  and  with  the  consent  of  0. 
H.,  his  father  (or  mother  or  guardian),  hath  voluntarily  and  of  his  own  free 
will  and  accord,  put  and  bound  himself  as  clerk  to  M.  M.,  of  the  same  place, 
and  as  a  clerk  to  serve  from  the  date  hereof,  for  and  until  the  full  end  and 
4 


26  THE  CLERK'S  ASSISTANT. 

term  of  his  minority,  until  he  shall  have  attained  the  age  of  twenty-one  years, 
which  will  be  on  the  23d  day  of  May,  1863,  during  all  which  time  ,the  said 
clerk  his  master  faithfully,  honestly  and  industriously  shall  serve ;  all  lawful  and 
reasonable  commands,  everywhere  readily  obey;  protect  and  preserve  the 
goods  and  property  of  his  said  master,  and  not  suffer  or  allow  any  to  be  in- 
jured or  wasted ;  he  shall  not  be  absent  without  leave,  and  in  all  things  and 
at  all  times  behave  as  a  faithful  clerk  ought  to«do.  And  the  said  M.  M.,  shall 
and  W'ill  furnish  and  provide  the  said  clerk  during  the  continuance  of  the  said 
term,  with  suitable  and  sufficient  board,  lodging  and  washing;  and  in  case  of 
sickness,  with  medical  attendance,  care  and  medicines;  and  shall  pay  the  said 
G.  H.,  $50  on  the  3d  day  of  May,  1860;  $100  on  the  3d  day  of  May,  1861 ; 
$150  on  the  3d  day  of  May,  1862,  and  $300  on  the  3d  day  of  May,  1863,  and 
at  the  end  of  said  term  furnish  the  said  clerk  a  new  Bible. 

And  for  the  true  performance  of  all  and  singular  the  covenants  and  agree- 
ments aforesaid,  the  said  parties  bind  themselves  each  to  the  other  firmly  by 
these  presents. 

lu  witness  whereof,  the  parties  aforesaid  have  hereunto  set  their  hands  and 
seals  the  3d  day  of  May,  1859. 

M.  M.    [l.  s.j 
G.  H.    fL.  S.J 
(Indorse  consent  as  above.) 


3So.     8. 

AGREEMENT  OF  THE   FATHER  WHO  BINDS   HIltSELF   FOR   THE   HONES'^T  AND  FIDELITY 
OF    THE    CLERK,    INDORSED    ON    THE    INDENTURE 

In  consideration  of  the  covenants  and  agreements  to  be  performed  by  M.  M., 
to  and  with  my  son,  G.  H.,  specified  and  contained  in  the  within  indenture, 
and  in  consideration  of  $1  to  me  in  hand  paid,  I  do  hereby,  bind  myself  to 
the  said  M.  M.,  for  the  true  and  faithful  performance  and  observance  by  the 
said  Gr.  H.,  of  all  the  matters  and  things  by  him  covenanted  and  agreed  to  bo 
performed  and  observed  in  and  by  the  said  indenture. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  23d  day  of 
May,  1859. 

R.  0.  [L.  s.] 

3Vo.    ». 

AGREEMENT   OF   THE   FATHER   FOR   THE   FAITHFUL    PERFORMANCE   OF   HIS   SON   WHO 
BINDS   HIMSELF   AS   APPRENTICE    OR   CLERK. 

This  agreement  made  this  23d  day  of  May,  1859,  by  and  between  R.  0.  of 
the  first  part,  and  M.  M.  of  the  second  part,  both  of  the  town  of  Schodack  in 
the  county  of  Rensselaer,  witnesseth:  That  the  said  R,  0.,  in  consideration  of 
the  covenants  and  agreements  to  be  performed  by  said  M.  M.,  as  they  are  ex- 
pressed and  contained  in  an  indenture  of  apprenticeship  (or  clerkship)  entered 
into  between  the  said  M.  M.  and  G.  H.,  and  bearing  date  the  10th  day  of  May, 
1859,  and  in  consideration  of  $1  to  him  in  hand  paid  by  the  said  M.  M. ;  the 
said  R.  0.,  doth  hereby  covenant  and  agree  that  the  said  G  H.,  shall  in  all 
things  well  and  truly  serve  the  said  M.  M.,  during  the  said  terra,  according  to 
the  conditions  of  the  indenture  executed  as  aforesaid  by  the  said  G.  H.,  and 
M.  M.,  with  my  written  consent  thereon  indorsed,  and  now  on  file  in  the  of- 
fice of  the  Clerk  of  the  town  of  Schodack. 

In  witness  whereof,  the  said  R.  0.  has  hereunto  set  his  hand  and  seal  the 
day  and  year  first  above  written. 

R.  0.  [l  s.] 


I 


APPRENTICES  AND  SERVANTS.  27 

Ifo,    lO. 

CdNTRACT    TO    BIND    A    MINOR   TO    SERVE   TO    PAY    FOR    HIS    PASSAGE    MONET. 

This  indenture  made  this  10th  day  of  March,  1859,  between  L.  R.  an  infant 
under  twenty-one  years  of  age,  to  wit :  of  tlie  age  of  twenty  years  on  the  20th 
day  of  December,  1858,  coming  from  Paris  in  France,  a  foreign  country  be- 
yond sea,  of  the  one  part,  and  R.  L.  merchant  of  the  city  of  New  York  of  the 
other  part,  witnesseth ;  That  the  saiJ  L.  R.  in  pursuance  of  the  statute  in  such 
case  made  and  provided,  and  in  consideration  of  tlie  covenants  hereinafter  men- 
tioned, hath  bound  himself,  and  by  these  presents  doth  hereby  bind  himself  to 
serve  the  said  R.  L.  and  his  assigns,  for  the  full  term  of  one  year  from  the  date 
hereof,  during  all  which  time  the  said  L.  R.  shall  well  and  faithfully  serve  the 
said  r!  L.  and  his  assigns,  in  all  such  lawful  business  as  he  shall  be  put  to  by 
the  said  R.  L.  or  his  assigns,  to  the  utmost  of  the  power  and  ability  of  the  said 
L.  R.,  and  that  he  will  behave  himself  honestly  and  obediently  to  the  said  R. 
L.  and  his  assigns  at  all  times. 

And  the  said  R.  L.  on  his  part  covenants  and  agrees  to  and  with  the  said 
L.  R.  that  he  the  said  R.  L.  will  furnish  and  allow  the  said  L.  R.  suitable  aijd 
sufficient  board,  meat,  drink,  washing  and  lodging,  and  apparel  and  all  other 
necessaries  during  the  s<aid  term,  and  at  the  close  of  said  term  will  give  the 
said  L.  R.  a  receipt  in  full  of  all  claims  and  demands  which  he  now  holds 
against  the  said  L.  R.  for  bringing  the  said  L.  R.  from  the  city  of  Paris  to  the 
city  of  New  York. 

In  witness  whereof,  the  parties  have  hereto  set  their  hands  and  seals  the  day 
and  year  first  above  Avritten. 

L.  R.  [L.  s.] 
R.  L.  [L.  s.] 

Ifo.    XI. 

ACKNOWLEDGMENT  OF  THE  EXECUTION  OF  THE  FOREGOING. 

State  of  New  Torh,  City  mid  County  of  New  York,  ss.  On  this  lltl. 
day  of  March,  1859,  before  me  came  the  within  named  L.  R.  to  me  known  to 
be  the  person  who  executed  the  within  contract,  and  on  a  private  examinatioi 
before  me,  acknowledged  that  the  said  contract  was  by  him  made  and  execu- 
ted freely  for  the  purposes  therein  expressed. 

G.  H.,  Recorder,  Sc. 


ISO.    13. 

ASSIGNMENT   OF   AN   INDENTURE   OF   AN    EMIGRANT'S   SERVICES. 

For  and  in  consideration  of  the  sum  of  $75  to  me  in  hand  paid  by  E.  H.,  I 
do  hereby  sell,  assign  and  set  over  to  said  E.  II.  the  within  contract,  or  inden- 
ture, and  all  my  right  to  the  services  of  L.  R.,  as  therein  mentioned  and 
described,  for  the  use  and  benefit  of  the  said  E.  H.,  his  executors,  adminis- 
trators and  assigns ;  and  the  said  L.  R.  is  hereby  required  to  render  his  servi- 
ces to  the  said  B.  H.  accordingly ;  and  the  said  E.  H.  covenants  and  agrees  in 
consideration  of  said  assignment  and  of  $1  to  fulfill  and  perform  the  covenants 
and  agreements  to  be  performed  and  fulfilled  for  the  benefit  of  the  said  L.  R. 
in  and  by  the  within  indenture  agreed  upon  from  the  date  of  this  assignment. 

Witness  our  hands  and  seals  this  13th  day  of  April,  1859. 
In  presence  of  R.  L-  [  l.  s. 

A.  B.,  E.  H.  f-L.  s.] 

CD. 


28  THE  CLERK'S  ASSISTANT. 

IS"o.    13. 

APPROVAL   OF   THE   FOREGOING   ASSIGNMENT. 

I  approve  of  the  foregoing  assignment  of  the  within  contract,  and  of  the 
form  and  sufficiency  thereof  as  above  executed. 

April  13,  1859.  B.  P.,  Mayor,  &c. 


ISO.    14. 

COMPLAINT    ON   REFUSAL    OF    APPRENTICE    TO    SERVK. 

To  R.  S.,  Esq.,  Justice  of  the  Peace  of  the  town  of  Schodack : 

The  petition  of  B.  B.,  of  said  town,  respectfully  shows  that  by  an  instrument 
in  writing  dated  June  3d,  1858,  one  L.  R.  was  apprenticed  to  your  petitioner 
as  appears  by  said  indenture,  a  copy  of  which  is  hereto  annexed ;  that  said 
term  of  apprenticeship  has  not  yet  expired  and  that  said  L.  R.  refuses  to  per- 
form any  service  or  labor  for  your  petitioner  as  he  is  required  to  do  in  and  by 
the  terms  of  the  said  indenture,  and  your  petitioner  asks  thdC  a  warrant  may 
issue  to  apprehend  the  said  L.  R.,  and  bring  him  befo:e  you,  that  he  may 
answer  for  his  refusal  and  neglect  in  the  premises. 

May  18,  1859.  B.  B. 

County  of  Rensselaer,  ss.  B.  B.  the  foregoing  petitioner  being  sworn,  says 
he  has  read  the  foregoing  petition  by  him  subscribed,  and  that  he  knows  the 
contents  thereof,  and  that  the  facts  and  circumstances  therein  stated  are  true 
Sworn  before  me  this  10th  ) 

day  of  May,  1859,  \  B.  B, 

R.  S.,  Justice  of  the  Peace. 


JVo.    15, 

WARRANT    ON    THE   FOREGOING   PETITION    OF   COMPLAINT. 

Rensselaer  County,  Town  \ 

of  /Schodack,  ) 

The  People  of  the  State  of  New  York,  to   any   constable  of  said   toWn, 
Greeting : 

L.  R.  a  person  lawfully  bound  to  service  under  article  3,  of  title  4,  chapter 
8,  part  2,  of  the  Revised  Statutes  of  the  said  State,  having  refused  to  serve 
according  to  the  provisions  of  said  title  (or  according  to  the  terms  and  agree- 
ment of  his  said  contract  of  indenture)  and  his  master  having  applied  in  this 
behalf  to  the  undersigned,  a  Justice  of  the  Peace  of  the  said  town  and  county, 
you  are  therefore  hereby  commanded  to  apprehend  the  said  L.  R.  and  bring 
him  before  the  undersigned  at  his  office  in  the  said  town  of  Schodack,  forth- 
with, to  answer  the  said  complaint,  and  to  be  dealt  with  according  to  law. 

Given  under  my  hand  this  12th  day  of  May,  1859. 

E.  S.,  Justice  of  the  Peace. 


APPRENTICES  AND  SERVANTS.  29 

JSo.    XG. 

COMMITMENT    OF   APPRENTICE    REFUSING    TO    SERVE. 

County  of  Rensselaer,   Town  ) 

of  Schodack.  \     ' 

The  People  of  the  State  of  New  York  to  any  constable   of  said  county, 
G-reeting : 

L.  R.  a  person  lawfully  bound  to  service  under  an  article  of  title  4,  chapter 
8,  part  2,  of  the  Revised  Statutes  of  the  said  State,  having  refused  to  serve 
according  to  the  provisions  of  said  title  (or  according  to  the  terms  of  his  con- 
tract of  indenture),  and  his  master,  B.  B.,  who  has  not  received  or  is  not 
entitled  to  receive  any  sum  of  money  with  the  said  L.  R.  as  a  compensation 
for  his  instruction,  having  applied  in  this  behalf  to  me,  the  undersigned,  a 
Justice  of  the  Peace  of  the  said  town,  and  having  thereupon  sent  for  the  said 
L.  R.  and  due  examination  and  inquiry  being  upon  the  appearance  of  the 
said  L.  R.  before  me  had,  and  the  said  L.  R.  still  persisting  in  the  said  refusal, 
as  appears  by  the  examination  and  evidence  before  me  taken,  you  are  there- 
fore hereby  commanded  to  deliver  the  body  or  person  of  the  said  L.  R.  at  the 
common  jail  of  said  county,  to  the  sheriff  of  the  said  county,  or  to  the  keeper 
of  the  said  jail,  who  are  respectively  required  to  receive  him,  the  said  L.  R., 
and  to  commit  and  imprison  him,  the  said  L.  R.,  in  the  said  common  jail,  there 
to  remain  until  he,  the  said  L.  R.,  will  consent  to  serve  according  to  law. 

Given  under  my  hand  this  13th  day  of  May,  1859. 

R.  S.J  Justice  of  the  Peace. 


COMPLAINT   IN    REGARD    TO    THE   MISDEMEANOR    OR   ILL-BEHAVIOR    OF     AN     APPREN- 
TICE. 

To  R.  S.  and  B.  S.,  Esqrs.,  Justices  of  the  Peace  of  the  town  of  Schodack, 
county  of  Rensselaer : 

The  petition  of  B.  B.  of  said  town  hereby  makes  complaint  to  you,  that  L. 
R.,  an  apprentice,  lawfully  bound  to  serve  your  petitioner  according  to  the 
terms  of  a  certain  indenture,  a  copy  of  which  is  hereto  annexed,  the  term  of 
whose  service  is  still  unexpired  and  with  whom  or  from  whom  I  have  not  re- 
ceived, nor  am  I  entitled  to  receive  any  sum  of  money  as  a  compensation  for 
his  instruction,  has  been  guilty  of  misdemeanors  and  ill-behavior  toward  me, 
in  refusing  to  obey  reasonable  instruction  and  directions,  and  in  wrongfully 
and  willfully  destroying  my  property  and  in  doing  divers  others  acts  of  annoy- 
ance and  disturbance  at  divers  times  during  the  week  last  past. 

Wherefore  your  petitioner  complains  on  oath  as  aforesaid,  pursuant  to  the 
provisions  of  the  statute  in  such  case  may  and  provided. 

May  14,  1859.  B.  B. 

County  of  Rensselaer^  ss.      B.  B.,  the  above  petitioner  being  sworn,  saya 
the  facts  stated  in  the  foregoing  petition  are  true. 
Sworn  before  me  this  ) 

May  14,  1859,  f  B.  B. 

R.  S.,  Justice,  &c. 


30  THE  CLERK'S  ASSISTANT. 

Hfo.    X8. 

WARRANT   ON   THE   FOREGOING   PETITION. 

County  of  Rensnelaer,  ss. 

The  People  of  the  State   of  Xew  Tork   to  any  constable  of  said  county, 
Greeting : 

Complaint  having  been  made  on  oath,  to  the  undersigned,  two  of  the  Jus- 
tices of  the  Peace  of  said  county,  which  said  complaint  is  as  follows :  (here 
insert  the  particular  ofi'ense  charged)  you  are  therefore  hereby  commanded  to 
apprehend  the  said  L.  E.  and  bring  him  before  the  undersigned,  at  the  office 
of  the  said  R.  S.  in  the  town  of  Schodack,  in  said  county,  forthwith  {or  on 
tlie  loth  day  of  May,  1859,  at  3  o'clock  in  the  afternoon),  that  the  said  com- 
plaint may  be  heard,  examined  and  determined,  according  to  law. 

"Witness  our  hands  tliis  May  14,  1859. 

Pi.  S.  and  B.  S.,  Justices,  dec. 


Jfo.    19. 

WARRANT   TO   COJDIIT   AFTER   HEARING   ON   THE   ABOVE   COMPLAINT. 

Rensselaer  County,   Town  \ 

of  Schodack.  ) 

The  People  of  the  State  of  ZSTew  Tork   to  any  constable  of  said  county 
Greeting : 

Complaint  having  been  duly  made  to  the  undersigned,  two  of  the  Justicei 
of  the  Peace  of  the  town  aforesaid,  in  regard  to  the  alleged  misbehavior  and 
ill-demeanor  of  L.  R.,  whereupon  the  undersigned  caused  tlie  said  L.  R.  to 
appear  before  them  at  the  office  of  the  said  R.  S.  on  this  15th  day  of  May, 
1859,  when  and  where  the  undersigned  in  due  form  of  law  having  heard  and 
examined  the  said  complaint,  and  tlie  truth  of  the  facts  therein  alleged,  and 
having  determined  that  the  same  appear  to  be  well-founded,  and  decided  that 
the  said  L.  R.  is  guilty  of  the  said  misdemeanor  and  ill-behavior  in  manner 
and  form  as  was  in  the  said  complaint  alleged,  to  wit :  that  the  said  L.  R.  has 
been  guilty  of  the  following  wrongs  (here  set  forth  the  particular  act  of  which 
the  apprentice  has  been  found  guilty),  and  it  appearing  that  the  said  B.  B.  has 
not  received,  and  is  not  entitled  to  receive,  any  sura  of  money  with  the  said 
L.  R.,  as  a  compensation  for  his  instruction.*  Yon  are  therefore  hereby  com- 
manded to  deliver  the  body  or  person  of  the  said  L.  R.  at  the  common  jail  of 
said  county  to  the  sheriff  of  said  county,  or  to  the  keeper  of  said  jail,  who 
are  respectively  required  to  receive  him,  the  said  L.  R.,  and  to  commit  and 
imprison  him  in  the  said  common  jail  for  the  period  of  25  days,  there  to  be 
employed  in  hard  labor  in  solitary  confinement. 

Given  under  our  hands  this  May  14,  1859. 

R.  S.,  Justice  of  the  Peace. 
B.  S.,  Justice  of  the  Peace. 


ISo.    30. 

DISCHARGE   OF    THE    APPRENTICE    FROM    SERVICE. 

{As  in  the  last  form  to  the  *  then  as  follows :) 
Now,  therefore,  pursuant  to  the  statute  in  such  case  made  and  provided, 
the  undersigned  hereby  certify  that  they  have  discharged  and  do  hereby  dis- 
charge the  said  offender,  L.  R.,  from  his  said  service,  and  the  said  master,  B. 
B.,  from  all  his  obhgations  to  the  said  L.  R.,  incurred  under  and  by  vir- 
tue of  the  indentures  of  apprenticeship. 

Given  under  our  hands  this  May  15th,  1859. 

R.  S.,  Justice  of  the  Peace. 
B.  S.,  Justice  of  the  Peace. 


APPKEiVTICES  AND  SERVANTS.  81 

3Vo.    31. 

COMPLAINT   BY   APPRENTICE   OF   ILL    USAGE   FROM   HIS   MASTER. 

To  B.  B.  and  D.  D.,  Esquires,  two  of  the  Justices  of  the  Peace  of  the  county 
of  Rensselaer : 

The  petition  of  L.  R.,  of  the  town  of  Schodack  in  said  county  respectfully 
shows,  that  your  petitioner  was  lawfully  bound  as  an  apprentice  to  one  Gr.  H., 
by  indentures  of  apprenticeship,  bearing  date  the  9th  day  of  October  1857,  a 
copy  of  which  said  indentures  are  hereto  annexed,  that  the  term  of  appren- 
ticeship for  which  your  petitioner  was  bound  has  not  yet  expired,  and  that  he, 
said  Gr.  H.,  has  not  received  and  is  not  entitled  to  receive,  any  sum  of  money 
as  a  compensation  for  the  instruction  of  your  petitioner,  and  the  said  G.  H. 
has  cruely  beat,  bruised,  and  wounded  your  petitioner,  being  his  apprentice  aa 
aforesaid  (o?-  has  misused  and  ill-treated  your  petitioner  as  such  apprentice 
and  refused  and  still  refuses  and  declines  to  furnish  your  petitioner  with  neces- 
sary provisions  and  clothing),  at  Schodack  aforesaid,  on  the  1 5th  day  of  April, 
1859,  and  at  divers  other  times  within  two  months  last  past. 

April  16th,  1859.  L.  R. 

County  of  Rensselaer,  ss.  L.  R.,  being  sworn,  says,  the  facts  stated  in  the 
foregoing  petition  are  true. 

L.  R. 
Sworn  before  me  this  ) 
April  16th,  1859,      ( 

B.  B.,  Justice,  <&c., 


ISo.    33. 

SUMMONS   ON   apprentice's   COMPLAINT    OF   LLL    TREATMENT. 

County  of  Rensselaer,  ss. 

The  People  of  the  State  of  New  York,  to  any  constable  of  said  county 
Greeting : 
Complaint  upon  the  oath  of  L.  R.,  apprentice  to  G.  H.,  has  been  made  to 
us  the  undersigned,  two  of  the  Justices  of  the  Peace,  in  and  for  said  county, 
alleging  that  the  said  G.  H.,  to  whom  the  said  L.  R.  is  lawfully  bound  as  an  ap- 
prentice, has  cruelly  beaten,  bruised  and  wounded  the  said  L.  R.,  apprentice  aa 
aforesaid  (or  has  misused  and  ill-treated  the  said  L.  R.,  being  his  apprentice  as 
aforesaid,  by  refusing  to  furnish  him  with  necessary  provisions  and  clothing),  to 
wit,  at  Schodack  in  said  county,  on  the  15th  day  of  April,  1859,  and  at  divers 
other  times  within  two  months  past.  Now  therefore,  you  are  hereby  com- 
manded to  summon  the  said  G.  H.  and  L.  R.,  to  appear  before  us  at  the  office 
of  B.  B.,  in  the  town  of  Schodack,  on  the  16th  day  of  April,  1859,  at  3  o'clock 
in  the  afternoon  of  that  day,  that  we  may  hear,  examine  and  determine  as 
to  the  truth  of  the  allegations  in  the  said  complaint. 
Witness  our  hands  this  April  15th,  1859. 

B.  B.,  Justice  of  the  Peace. 

D.  D.,  Justice  of  the  Peace. 

JSo.    33. 

DISCHARGE   OF   APPRENTICE    AFTER   HEARING   ON    COMPLAINT. 

County  of  Rensselaer,  \ 
town  of  Schodack,     \ 

A  petition  of  complaint  under  oath  having  been  presented  to  us.  the  under- 
signed two  of  the  Justices  of  the  Peace  of  the  county  aforesaid,  by  L.  R., 


3?  THE  CLERK'S  ASSISTANT. 

apprentice  to  G.  H.,  of  said  town,  that  the  said  G.  H.,  to  whom  the  said  L.  R. 
was  lawfully  bound  by  indentures  of  apprenticeship,  the  term  of  whose  ser- 
vice in  which  was  still  unexpired,  and  who  had  not  received,  nor  was  entitled 
to  receive  any  sum  of  money  as  a  compensation  for  the  instruction  of  the  said 
L.  R.,  had  cruelly  beaten,  bruised  and  wounded  the  said  L.  R.,  apprentice  as 
aforesaid  {or  has  "misused  and  ill-treated  the  said  L.  R.,  being  his  apprentice 
as  aforesaid  by  refusing  to  furnish  him  with  necessary  provision  and  clothing)  ; 
and  the  said  G.  H.  and  L.  R.,  by  virtue  of  our  summons  issued  upon  said 
petition  of  complaint  have  been  brought  before  us,  and  upon  due  examination 
of  the  proofs  and  allegations  of  the  parties,  we  find  the  said  G.  H.  to  be  guilty 
of  the  various  acts  and  misdemeanors  charged  against  him  as  in  said  petition 
of  complaint  alleged.  Now,  therefore,  we  do  hereby  discharge  the  said  L.  R. 
from  the  service  of  the  said  G.  H.,  anything  in  his  indenture  of  apprentice- 
ship to  the  contrary  notwithstanding. 

Given  under  our  hands  this  April  IGth,  1859. 

B.  B.,  Justice  of  the  Peace. 

D.  D.,  Justice  of  the  Peace. 


:no.   34. 

complaint   by  apprentice  where   money  has  been  paid  or  agreed   to  be 
paid  the  master. 

To  E.  E.,  Esq.,  one  of  the  Justices  of  the  Peace  of  the  town  of  Schodack  of 
the  county  of  Rensselaer: 

The  petition  of  complaint  of  L.  R.  of  said  town  respectfully  shows  that 
your  petitioner  was  bound  as  an  apprentice  to  one  G.  H.  of  said  town  by 
articles  of  indenture,  dated  May  10th,  1858,  a  copy  of  which  is  hereto  an- 
nexed, that  the  said  G.  H.  has  already  received  the  sum  of  $25  as  compensa- 
tion for  the  instruction  of  your  petitioner,  that  the  time  of  said  apprenticeship 
has  not  expired,  and  that  said  G.  H.  has  cruelly  beaten,  bruised  and  wounded 
your  petitioner,  being  his  apprentice  as  aforesaid  {or  has  misused  and  ill-treated 
your  petitioner  as  such  apprentice  and  refused  and  still  refuses  and  declines  to 
furnish  your  petitioner  with  necessary  provisions  and  clothing,  or  to  give  him 
the  instruction  as  in  and  by  the  said  indenture  he  is  bound  to  do),  to  wit,  at 
Schodack  aforesaid  on  the  10th  day  of  April,  1859,  and  at  divers  other  times 
in  the  last  two  months,  wherefore,  he  prays  that  an  examination  herein  may 
be  made,  and  that  justice  may  be  done  between  the  said  G.  H.  and  your 
petitioner.  I .  R. 

AprU  12th,  1859. 

Rensselaer  County,  ss.  L.  R.,  being  sworn  says,  that  the  facts  and  allega- 
tions set  forth  in  the  foregoing  petition  of  complaint  are  in  all  respects  true. 

L.  E. 
Sworn  before  me  this  12th 
day  of  April,  1859, 

C.  G.,  Justice  of  the  Peace, 


\ 


PTo.    3£5. 

SUMMONS   ON   THE   FOREGOING. 

County  of  Rensselaer,  ss. 

The  People  of  the  State  of  New  York,  to   any  constable  of  said  county 
Greeting: 
Complaint  having  been  made  to  me,  one  of  the  Justices  of  the  Peace  of  the 
town  of  Schodack  of  said  county,  upon  oath  of  L.  R.,  an  apprentice  to  one 


APPRENTICES  AND  SERVANTS.  33 

G.  H.  of  said  town,  that  the  said  G.  H.  to  whom  the  said  L.  R.  is  bound  by 
indentures  of  apprenticesliip,  the  term  of  service  whereof  has  not  expired,  and 
who  has  received  the  sum  of  §25  as  a  compensation  for  the  instruction  of  the 
said  L.  E.,  has  cruelly  beaten,  bruised  and  Avounded  him,  the  said  L.  R.,  being 
his  apprentice  as  aforesaid  (or  has  misused  and  ill-treated  such  apprentice  and 
refused  and  still  refuses  and  declines  to  furnish  to  said  apprentice  with  necessary 
provision  and  clothing).  Now,  therefore,  you  are  hereby  commanded  to  sum- 
mon the  said  G.  H.  and  L..  R.,  to  appear  before  me  at  my  office,  in  the  town 
of  Schodack,  on  the  13th  day  of  April,  1859,  at  3  o'clock  in  the  aflernoon, 
that  I  may  hear,  examine  into,  and  determine  in  regard  to  the  said  complaint. 
Witness  my  hand  this  April  12th,  1859. 

E.  E.,  Justice  of  the  Peace. 


JSa.    36. 

RECOGNIZANCE   OF   MASTER   WHEN   JUSTICE    DOES   NOT   SETTLE   THE   DIFFERENCE. 

We,  Gr.  H.  and  D.  D.,  of  the  town  of  Schodack  in  the  county  of  Rensselaei, 
do  acknowledge  ourselves  indebted  to  the  People  of  the  State  of  New  York, 
in  the  sum  of  $200,  for  which  payment  well  and  truly  to  be  made  we  bind, 
ourselves,  and  each  of  our  heirs,  executors  and  administrators,  firmly  by  these 
presents.     Sealed  with  our  seals  and  dated  tliis  13th  day  of  April,  1859. 

Complaint  on  oath  having  been  made  to  E.  E.,  one  of  the  Justices  of  the 
Peace  of  the  county  of  Rensselaer,  by  R.  L.,  an  apprentice,  against  G.  H.,  his 
master,  and  the  parties  having  been  summoned  and  appeared  before  the  said 
Justice,  and  after  due  examination  into  the  premises,  the  difldculty  between 
said  parties  could  not  be  compounded  or  reconciled.  Now,  therefore,  the  con- 
dition of  this  obligation  is  such,  that  if  the  said  G.  H.  shall  personally  be  and 
appear  at  the  Court  of  Sessions  of  the  county  of  Rensselaer,  at  the  next  term 
tliereof,  to  be  held  at  the  city  of  Troy  in  and  for  said  county,  then  and  there 
to  answer  to  the  complaint  of  the  said  R.  L.,  and  to  do  and  to  receive  what 
shall,  by  the  court,  be  then  and  there  enjoined  upon  him,  and  shall  not  depart 
the  court  without  leave,  then  this  recognizance  shall  be  void,  otherwise  of  full 
force  and  virtue. 

G.  H.    [L.  s.] 
D.  D.    |l.  s.] 

Rensselaer  Comity,  ss.  On  this  13  th  day  of  April,  1859,  before  me  came 
the  above  named  G.  H.  and  D.  D.,  to  me  known  to  be  the  persons  described 
in  and  who  executed  the  foregoing  instrument  and  severally  acknowledged 
the  execution  thereof 

E.  E.  Justice  of  the  Peace. 

Rensselaer  County,  ss.  D.  D.,  of  the  town  of  Schodack  being  sworn,  says, 
he  is  a  resident  and  householder  within  the  county  of  Rensselaer,  and  is  worth 
the  sum.  of  §200,  over  and  above  all  just  debts  and  liabilities  and  propeny 
exempt  from  execution. 

D.  D. 

Sworn  before  me  this  ) 
April  13  th,  1859,      \ 

E.  E.,  Justice,  &c. 


34  TUE  CLERK'S  ASSISTANT. 

IVo.    S'T. 

ORDER    OF    COURT    OF    SESSIONS    ON    HEARING    THE    COMPLAINT. 

At  a  Court  of  Sessions  held  for  the  county  of  Rensselaer,  at  the  City  Hall  iu 
the  city  of  Troy,  in  and  for  said  county,  on  the  20th  day  of  May,  1859. 

(  B.  P.,    County  Judge. 
Present.  <  B.  B.,  Justice  of  the  Peace. 
(  L.  S.,   Justice  of  the  Peace. 
In  the  matter  of  complaint  made  ) 
by  R.  L.,  an  apprentice,  against  > 
G.  H.,  his  master.  ) 

The  said  R.  L.,  having  filed  his  petition  of  complaint  before  D.  D.,  a  Justii-e 
of  the  Peace  of  said  county,  against  G.  H.,  his  master,  who  had  received  the 
sum  of  $25  as  a  compensation  for  the  instruction  of  the  said  R.  L.,  that  the 
said  G.  H.  had  cruelly  beaten,  bruised  and  wounded  him  the  said  R.  L.,  being 
his  apprentice  as  aforesaid  (or  had  misused  and  ill-treated  him,  the  said  R.  L., 
being  his  apprentice  as  aforesaid,  by  refusing  to  furnish  him  the  said  R.  L, 
with  necessary  provision  and  clothing),  the  said  parties  having  been  sum- 
moned, and  appeared  before  the  said  justice;  and  after  due  examination  in  re- 
gard to  the  allegations  of  the  said  R.  L.,  the  difficulty  between  the  two  parties 
could  not  be  compounded,  satisfied  or  reconciled.  Whereupon  the  said  G.  H., 
gave  his  recognizance  personally  t(;  be  and  appear  at  this  Court  of  Sessions  of 
the  said  county,  to  answer  to  the  complaint  aforesaid,  &c.  And  now  the  tes- 
timony of  the  said  parties  having  been  heard  and  considered,  and  the  said 
parties  having  been  heard  by  their  respective  counsel,  it  is  ordered,  decreed  and 
determined  by  this  court,  that  the  indentures  of  apprenticeship  of  the  said  L. 
R.  be  and  the  same  are  hereby  canceled,  set  aside,  and  declared  of  none 
effect ;  and  that  the  said  L.  R.  be  and  he  is  forever  discliarged  from  the  same. 
And  it  is  further  ordered,  that  the  said  G.  H.  refund  to  R.  L.  {or  to  M.  L.,  the 
father  or  mother  or  guardian  of  the  said  R.  L.),  the  sum  of  $25,  being  the 
sum  paid  to  the  said  G.  H.,  as  a  compensation  for  the  instruction  of  the  said 
R.  L.  And  it  is  further  ordered  that  the  said  M.  L.,  father  (or  mother  or  guar- 
dian) of  the  said  R.  L.,  be  discharged  from  his  obligation  or  agreement  to  pay 
said  G.  H.  any  further  sum  as  a  compensation  for  the  instruction  of  the  said 
R.  L. ;  and  also  ordered  that  the  said  indentures  of  apprenticeship  and-  the 
securities  be  given  up  forthwith  and  canceled. 

(Copy.)  R.  B.,    Clerk 


i»fo.  as. 

COMPLAINT     BY     MASTER     AGAINST     AN    APPRENTICE     REFUSING     TO     SERVE,     WHERE 
A    COMPENSATION    IS   PAID    FOR    INSTRUCTION. 

To  B.  B.,  Esq.,  one  of  the  Justices  of  the  Peace  for  the  county  of  Rensselaer  : 
The  petition  of  G.  H.,  of  the  town  of  Schodack  in  said  county,  respectfully 
.shows  in  this  his  complaint,  that  R.  L.,  an  apprentice  lawfully  bound  to  serve 
your  petitioner,  whose  term  of  service  is  still  unexpired,  and  for  whose  in- 
struction your  petitioner  has  received  $25  (or  is  entitled  to  receive  the  sum  of 
$50  on  the  termination  of  said  apprenticeship),  refuses  to  serve  your  petitioner 
as  he  is  required  to  do  by  law  and  the  terms  of  his  indenture,  a  copy  of  which 
indenture  is  hereto  annexed. 

Your  petitioner  therefore  prays  that  a  summons  may  be  issued,  requiring 
the  said  R.  L.  to  appear  before  you,  in  order  that  an  inquiry  and  examination 
may  by  you  be  made,  in  order  that  equity  and  justice  may  be  done  in  the  pre- 
mises. 

March  1st,  1859.  G.  H. 


APPRENTICES  AND  SERVANTS.     •  35 

County  of  Rensselaer,  ss.  G.  H.,  being  sworn,  says  he  has  read  the  fore- 
going petition  by  him  signed,  and  that  the  facts  and  allegations  therein  set 
forth  are  true 

G.  H. 
Sworn  before  me  this  ) 
March  1st,  1859,      \ 

L.  B.,  Justice,  <&c. 


No.    3». 

SUMMONS   ON   THE   FOREGOING   PETITION   OF   COMPLAINT, 

The  People  of  the  State  of  New  York,  to  any  constable  of  the  county  of 
Rensselaer,  Greeting : 
Complaint  having  been  made  to  me,  that  R.  L.,  an  apprentice  to  one  G,  H., 
whose  term  of  service  is  still  unexpired,  and  for  whose  instruction  the  said  G.  H. 
has  received  $25  (or  is  entitled  to  receive  the  sum  of  $50  on  the  termination 
of  said  apprenticeship),  refuses  to  serve  the  said  G.  H.,  as  by  law  and  the 
terms  of  his  apprenticeship  he  is  bound  to  do.  Now,  therefore,  you  are  here- 
by commanded  (as  in  No.  25,  to  the  end). 


No.    30. 

BOND    OF    RECOGNIZANCE    OF    APPRENTICE   WHEN    JUSTICE    DOES    NOT   SETTLE    THB 

DIFFERENCE. 

We,  L.  R.,  and  C.  D.,  of  the  town  of  Schodack  and  county  of  Rensselaer, 
do  acknowledge  ourselves  indebted  to  the  People  of  the  State  of  New  York 
in  the  sura  of  $200,  for  which  payment  well  and  truly  to  be  made,  we  bind 
ourselves,  our  and  each  of  our  heirs,  executors  and  administrators  firmly  by 
th«se  piesents.     Sealed  with  our  seals  and  dated  this  2d  day  of  March,   1859. 

Complaint  on  oath  having  been  made  to  B.  B.,  Esq.,  one  of  the  Justices  of 
the  Peace  of  the  county  of  Rensselaer,  by  G.  H.,  master,  against  L.  R.,  his 
apprentice,  and  the  parties  having  been  summoned  and  appeared  before  the 
said  Justice,  and  after  due  examination  into  the  premises,  the  difficulty  be- 
tween said  parties  could  not  be  compounded  or  reconciled.  Now,  therefore, 
the  condition  of  this  obligation  is  such  that  if  the  said  L.  R.,  shall  be  and  per- 
sonally appear  before  the  Court  of  Sessions  of  the  county  of^  Rensselaer  at  the 
next  term  thereof,  to  be  held  at  the  city  of  Troy  in  and  for  said  county,  then 
and  there  to  answer  to  the  complaint  of  the  said  G.  H.,  and  to  do  and  to  receive 
what  shall,  by  the  court,  be  then  and  there  enjoined  upon  him,  and  shall  not 
depart  the  court  without  leave,  then  this  recognizance  shall  be  void,  otherwise 
of  full  force  and  virtue. 

L.  R.     [l.  S.J 
C.  D.     [l.  S.J 

(Add  acknowledgment  and  justification  of  surety  as  in  No.  20.) 


36  THE  CLERK'S  ASSISTANT. 

:ivo.  31. 

DECISION     OF     THE    COURT     OF     SESSION'S     ON     TUE     FOREGOIXG    PETITION     OF     COM- 
■<  PLAINT. 

At  a.  Court  of  Sessions,  held  for  the  County  of  Eensselaer  and  State  of  New 
York,  at  the  City  Hall  in  the  city  of  Troy,  in  said  County,  April  2,  1859. 

Ill  tiie  matter  of  the  com- 
plaint of  G.  H.,  master, 
against  L.  R.,  apprentice. 

C  A.  B.,  Esq.,    County  Judge. 

Present  <  C.  D.,  Esq.,  Justice  of  the  Sessions. 

(  E.  F.,  Esq.,  Justice  of  the  Sessions. 

Complaint  on  oath  having  been  made  by  G.  H.,  master,  before  B.  B.,  Esq., 
a  Justice  of  the  Peace  of  said  county,  against  L.  R.  his  apprentice,  as  a  com- 
pensation for  whose  instruction  the  said  Gr.  H.  had  received  §25  {or  was 
entitled  to  receive  the  sum  of  §50  on  the  expiration  of  the  term  of  apprentice- 
ship), that  the  said  L.  R.  refused  to  serve  the  said  G.  H.,  as  by  law  and  the 
terms  of  his  indenture  of  apprenticeship  he  was  bound  to  do,  the  said  parties 
having  been  duly  summoned  appeared  before  the  said  B.  B.,  Esq.,  Justice  of 
the  Peace,  and  due  examination  into  the  premises  being  had,  the  difficulty 
between  the  parties  could  not  be  reconciled  or  compounded ;  whereupon  the 
said  L.  R.  was  recognized  to  appear  at  this  Court  of  Sessions  to  answer  to  the 
complaint  aforesaid ;  and  now  the  testimony  of  the  several  parties  having  been 
duly  submitted,  and  the  said  parties  havmg  been  heard  by  their  respective 
counsel ;  it  is  ordered  and  decreed,  that  the  said  L.  R.  be  fined  in  the  sum  of 
$20,  and  that  he  stand  imprisoned  in  the  county  jail  till  the  same  be  paid, 
and  until  he  shall  consent  to  serve  the  said  G.  H. 


CHAPTER  III. 

ARBITEATION   AND   AWARD. 

Arbitration  is  where  the  parties,  injuring  and  injured,  submit 
all  matters  in  dispute  concerning  any  personal  chattels  or  per- 
sonal wrong  to  the  judgment  of  two  or  more  arbitrators,  who 
are  to  decide  the  controversy  ;  and,  if  they  do  not  agree,  it  is 
commonly  added,  that  another  person  be  called  in  as  umpire,  to 
whose  sole  judgment  it  is  then  referred  ;  or  frequently  there  is 
only  one  arbitrator  originally  appointed.  The  decision  in  any 
of  these  cases  is  called  an  aivard.  The  first  essential  of  an  award 
is,  and  without  which  it  has  no  force  whatever,  that  it  be  con 
formable  to  the  terms  of  submission.  The  authority  given  to  the 
arbitrators  should  not  be  exceeded,  and  the  precise  question  sub- 
mitted to  them  should  be  answered,  and  if  the  award  embrace 
matters  not  included  in  the  submission  it  is  fatal.  But  if  the 
portion  which  exceeds  the  submission  can  be  separated  from  the 
rest  without  affecting  the  merits  of  the  award,  it  may  be  rejected 
as  surplusage  and  the  rest  will  stand;  otherwise  the  whole  is 
void. 

An  award  must  be  certain  ;  that  is,  it  must  be  so  expressed 
that  no  reasonable  doubt  can  be  entertained  as  to  the  meanincfof 
the  arbitrators,  the  effect  of  the  award,  or  the  rights  and  duties 
of  the  parties  under  it.  The  object  of  the  submission  was  the 
final  settlement  of  all  questions  and  disputes,  and  this  is  inconsis- 
tent with  uncertainty. 

The  award  must  be  possible,  for  an  award  requiring  that  to  be 
done  which  cannot  be  done,  is  senseless  and  useless.  So,  too,  the 
award  should  be  final  and  conclusive.  Yet  an  award  may  be 
open  to  any  or  all  of  these  objections  in  part,  without  being 
necessarily  void  in  the  whole.  So  much  of  the  award  as  is  thus 
faulty  is  void,  but  if  this  can  be  severed  distinctly  from  the  resi- 
due, leaving  a  substantial,  unobjectionable  and  definite  award 
behind,  this  may  be  done,  and  the  award  will  then  take  effect. 


38  THE  CLERK'S  ASSISTANT. 

There  is  no  especial  form  of  an  award  necessary  in  this  ccftin- 
try.  But  the  terms  of  the  submission  must  be  strictly  complied 
with.  In  the  construction  of  awards  they  are  generally  favored 
and  enforced,  whenever  it  can  properly  be  done.  If  it  be  neces- 
sary to  make  a  presumption  on  the  one  side  or  the  other,  to  give 
full  force  and  significance  to  an  award,  the  courts  will  incline  to 
]nake  that  presumption  which  gives  eflect  to  the  award,  rather 
than  one  which  avoids  it. 

What  matters  may  be  submitted  for  arbitration,  and  the  man- 
ner of  conducting  the  arbitration  and  of  enforcing  the  award  are 
in  most  of  the  States  regulated  by  Statutes.  The  New  York 
Statute  provides  as  follows:     {S  jR.  S.,  855,  etc.,  5th  ed.) 

§  1.  All  persons,  except  infants  and  married  women,  and  per- 
sons of  unsound  mind  may,  by  an  instrument  in  writing,  submit 
to  the  decision  of  one  or  more  arbitrators,  any  controversy  exist- 
ing between  them  which  might  be  the  subject  of  an  action  at  law, 
or  of  a  suit  in  equity,  except  as  herein  otherwise  provided ;  and 
may,  in  such  submission,  agree  that  a  judgment  of  any  court  of 
law  and  of  record  to  be  designated  in  such  instrument,  shall 
be  rendered  upon  the  award  made  pursuant  to  such  submission. 

S  2.  No  such  submission  shall  be  made  respecting  the  claim 
of  any  person  to  any  estate,  in  fee  or  for  life,  to  real  estate;  but 
any  claim  to  an  interest  for  a  term  of  years,  or  for  one  year  or 
less,  in  real  estate,  and  controversies  respecting  the  partition  •  of 
lands  between  joint  tenants,  or  tenants  in  common,  or  concerning 
the  boundaries  of  lands  or  concerning  the  admeasurement  of 
dower,  may  be  so  submitted  to  arbitration. 

§  3.  The  arbitrators  thus  selected,  shall  appoint  a  time  and 
place  for  the  hearing  and  shall  adjourn  the  same  from  time  to 
time,  as  may  be  necessary  ;  and  on  the  application  of  either  party, 
and  for  good  cause,  they  may  postpone  such  hearing,  to  a  time 
not  extending  beyond  the  day  fixed  in  such  submission  for  ren- 
dering; their  award. 

§  4.  Before  proceeding  to  hear  any  testimony,  the  arbitrators 
shall  be  sworn  faithfully  and  fairly  to  hear  and  examine  the 
matters  in  controversy,  and  to  make  a  just  award,  according  to 
the  best  of  their  understanding. 


ARBITRATION  AND  AWARD.  39 

§  5.  Such  oath,  may  be  administered  by  any  Judge  of  any 
Court  of  Kecord,  or  by  any  Justice  of  the  Peace,  or  by  any 
Commissioner  of  Deeds,  and  the  oaths  to  witnesses  may  be  ad- 
ministered by  the  arbitrators,  or  either  of  them. 

§  6.  Witnesses  may  be  compelled  to  appear  before  such  arbi- 
trators, by  subpenas,  to  be  issued  by  any  Justice  of  the  Peace, 
in  the  same  manner  and  with  the  like  effect,  and  subject  to  the 
same  penalties  for  disobedience,  as  in  cases  of  trials  before  Jus- 
tices of  the  Peace. 

§  7.  All  the  arbitrators  must  meet  together,  and  hear  all  the 
proofs  and  allegations  of  the  parties,  but  an  award  by  a»  major- 
ity of  them,  shall  be  valid,  unless  the  concurrence  of  all  the. 
arbitrators  be  expressly  required  in  the  submission. 

§  8.  To  entitle  any  award  to  be  enforced  according  to  the  pro- 
v^isions  of  this  title  it  must  be  in  writing,  subscribed  by  the 
arbitrators  making  the  same,  and  attested  by  a  subscribing  wit- 
ness. 

§  9.  Upon  such  submission  being  proved  by  the  affidavit  of 
a  subscribing  witness  thereto,  and  upon  the  award  made  in  pur- 
suance thereof  being  proved  in  like  manner,  or  by  the  affidavit 
of  the  arbitrators,  within  one  year  after  making  the  same,  the 
Court  designated  in  such  submission  shall,  by  rule,  in  open  Court, 
confirm  such  award,  unless  the  same  be  vacated  or  modified,  or  a 
decision  thereon  be  postponed,  as  herein  provided. 

§  10.  Any  party  complaining  of  such  award,  may  move  the 
Court  designated  in  such  submission,  to  vacate  the  same  upon 
either  of  the  following  grounds : 

1.  That  such  award  was  procured  by  corruption,  fraud  or  other 
undue  means. 

2.  That  there  was  evident  partiality  or  corruption  in  the  arbi- 
trators or  either  of  them. 

3.  That  the  arbitrators  were  guilty  of  misconduct,  in  refusing 
to  postpone  the  hearing  upon  sufficient  cause  shown,  or  in  refusing 
to  hear  any  evidence,  pertinent  and  material  to  the  controversy, 
or  any  other  misbehavior,  by  which  the  rights  of  any  party  shall 
have  been  prejudiced. 

4.  That  the  arbitrators  exceeded  their  powers ;  or  that  they  so 
imperfectly  executed  them,  that  a  mutual,  final  and  definite 
award  on  the  subject  matter  submitted  was  not  made. 


40  THE  CLERK'S  ASSISTANT. 

§  11.  Any  party  to  sucli  submission  may  also  move  the  court 
designated  therein,  to  modify  or  correct  such  award,  in  the  fol- 
lowing cases : 

1.  Where  there  is  an  evident  miscalculation  of  figures,  or  an 
evident  mistake  in  the  description  of  any  person,  thing  or  pro- 
perty, referred  to  in  such  award. 

2.  Where  the  arbitrators  shall  have  awarded  upon  some  mat- 
ter not  submitted  to  them,  not  affecting  the  merits  of  the  decision 
upon  the  matters  submitted. 

3.  Where  the  award  shall  be  imperfect  in  some  matter  of  form, 
not  affecting  the  merits  of  the  controvers}^ ;  and  where,  if  it  had 
been  a  verdict,  such  defect  could  have  been  amended  or  disre- 
garded by  the  court,  according  to  the  provisions  of  law. 

The  application  provided  for  in  the  last  two  sections  must  be 
made  at  the  first  term  of  the  court  after  the  publication  of  the 
award,  if  there  is  time  to  serve  a  notice  of  such  application,  if 
not  sufficient  time,  a  judge  of  the  court  may  order  a  stay  of  pro- 
ceedings until  the  next  term  of  the  court.  Upon  the  hearing,  the 
court  may  modify  the  award,  or  if  the  time  named  in  the  sub- 
mission as  the  period  for  making  the  award  Kad  not  expired  they 
may  direct  a  rehearing  before  the  arbitrators.  Upon  such  award 
being  confirmed  or  modified,  the  court  shall  render  judgment  in 
accordance  with  the  determination  as  set  forth  in  the  award. 

§  15.  A  record  of  such  judgment  shall  be  made,  commencing 
with  a  memorandum  reciting  the  submission ;  then  stating  the 
hearing  before  the  arbitrators ;  their  award ;  the  proceedings  of 
the  court  thereupon,  in  modifj'ing  or  confirming  such  award ; 
and  the  judgment  of  the  court  for  the  recovery  of  the  debt  or 
damages  awarded,  and  that  the  parties  perform  the  acts  ordered 
by  the  award,  and  for  the  recovery  of  the  costs  allowed. 

Such  record  may  be  filed  and  docketed,  ajopealed  from  and 
enforced  in  the  same  manner  as  records  of  judgments.  Either 
party  has  power  to  revoke  the  submission  at  any  time  after  the 
submission  previous  to  the  final  submitting  the  cause  to  the  arbi- 
trators upon  a  hearing  of  the  parties  for  their  decision ;  but  the 
party  revoking  such  submission  is  liable  for  all  damages  and 
expenses  incurred  by  the  other  party  in  preparing  for  such  arbi- 
tration. 


FORMS. 


IVo.    1. 

SHORT   FORjr    OF   SUBMISSION. 

The  undersigned  hereby  mutuall_v  agree  to  submit  all  their  matters  in  differ- 
ence, of  every  name  and  kind,  to  the  determination  and  award  of  A.  B.,  C.  D., 
and  E.  F.,  as  arbitrators;  the  said  arbitrators  to  hear  and  determine  the  same, 
and  make  their  award  in  writing,  on  or  before  the  tenth  day  of  March,  1858. 

Witness  our  hands  this  second  day  of  January,  1858. 
In  presence  of  Gr.  H. 

L.  M.  J.    K.' 


GENERAL    SUBMISSION. 

Whereas  differences  do  now  and  for  a  long  time  have  existed  between  G. 
H.  and  J.  K.  both  of  the  city  of  Schenectady,  in  relation  to  divers  subjects 
of  controversy  and  dispute.  Now,  therefore,  the  undersigned  G.  H.  and  J.  K. 
aforesaid,  do  hereby  mutually  covenant  and  agree  to  and  with  each  other,  to 
submit  all  and  all  manner  of  actions,  cause  and  causes  of  actions,  suits,  con- 
troversies, claims  and  demands  whatsoever,  now  pending,  existing,  or  held  by 
and  between  the  said  parties  to  A.  B.,  C.  D.,  and  E.  R,  as  arbitrators,  who,  or 
any  two  of  whom,  shall  arbitrate,  award,  order,  judge  and  determine  of  and 
concerning  the  same ;  and  we  do  mutually  covenant  and  agree*  to  and  with 
each  other  that  the  said  award  to  be  made  by  the  said  arbitrators,  or  any  two 
of  them,  shall,  in  all  things,  by  us,  and  each  of  us  be  well  and  faithfully  kept  and 
observed:  Provided  however,  that  the  said  award  be  made  in  writing,  under 
the  hands  of  the  said  arbitrators,  or  any  two  of  them,  ready  to  be  delivered  to 
the  said  parties  in  difference  or  either  of  them  on  the  10th  day  of  March,  1858. 
Witness  our  hands  and  seals  this  Jan.  2,  1858. 

G.  H.  [l. 

J.    K.  [l. 


l\ 


JSo.    3. 

SPECIAL    SUBMISSION    TO    ARBITRATORS. 

Whereas  a  controversy  is  now  existing  and  pending  between  G.  H.  and  J 
K.,  in  relation  to  the  building  of  a  dwelling  house  constructed  by  the  said  G.  H. 
for  the  said  J.  K.,  on  ilain  street,  in  the  city  of  Schenectady.  Now,  therefore, 
the  said  G.  H.  and  J.  K.  do  hereby  mutually  consent  and  agree  to  submit  the 
said  controversy,  and  all  questions  of  difference  in  regard  thereto,  to  the  arbi- 
trament and  decision  of  A.  B.,  C.  D.,  and  E.  F.,  or  any  two  of  them;  and  we 
do  mutually  covenant  and  agree  (as  in  the  last  No.  from  the  *  to  tJie  end). 
6 


42  THE  CLERK'S  ASSISTANT. 

IS'o.    4. 

IF    JUDGMENT   IS    TO    BE    ENTERED    ON    THE    AWARD,  INSERT    THE    FOLLOWING. 

And  it  is  hereby  further  mutually  agreed  by  and  between  the  said  parties; 
that  judgment  in  the  Supreme  Court  of  the  State  of  New  York  may  be  ren- 
dered upon  the  award  to  be  made  pursuant  to  this  submission,  to  the  end  that 
all  matters  in  controversy  between  them  specified  in  the  submission  shall  be 
finally  concluded. 


ARBITRATION    BOND. 

Know  all  men  by  these  presents,  that  I,  G.  H.  of  the  city  of  Schenectady, 
am  held  and  firmly  bound  unto  J.  K.  of  the  same  place,  in  the  sum  of 
$200,  lawful  money  of  the  United  States  of  America,  to  be  paid  the 
said  J.  K.,  his  executors,  administrators,  or  assigns,  for  which  payment  well 
and  truly  to  be  made  I  bind  myself,  my  heirs,  executors  and  administrators, 
firmly  by  these  presents.  Sealed  with  my  seal,  and  dated  the  second  day  of 
January,  1858. 

The  condition  of  this  obhgation  is  such,  that  if  the  above  bounden  G.  H. 
shall  well  and  truly  submit  to  the  decision  of  A.  B.,  C.  D.,  and  E.  F.,  named, 
selected  and  chosen  arbitrators  as  well  by  and  on  the  part  and  behalf  of  the 
said  G-.  H.  as  of  the  said  J.  K.  between  whom  a  controversy  exists,  to  hear  all 
the  proofs  and  allegations  of  the  parties,  of  and  concerning  any  and  all  matters 
relating  thereto.  But  before  proceeding  to  take  aiiy  testimony  therein,  the 
said  arbiti'ators  shall  be  sworn  "  faithfully  and  fairly  to  hear  and  examine  the 
matters  in  controversy  between  the  parties  to  these  presents,  and  to  make  a 
just  award  according  to  the  best  of  their  understanding,"  so  as  the  award  of 
the  said  arbitrators,  &c.,  be  made  in  writing,  subscribed  by  them,  or  any  two  of 
them,  and  attested  by  a  subscribing  witness,  ready  to  be  delivered  to  the  said 
parties  on  or  before  the  lOth  day  of  March,  1858,  then  the  above  obligation 
to  be  void. 

And  it  is  hereby  mutually  agreed,  by  and  between  the  parties  to  these  pre- 
sents, that  judgment  shall  be  rendered  upon  the  award  which  may  be  made 
pursuant  to  the  submission  in  the  Supreme  Court,  to  the  end  that  all  matters 
in  controversy  in  that  behalf  between  the  said  parties,  shall  be  finally  con- 
cluded, pursuant  to  the  provisions  of  the  statute  for  determining  controversies 
by  arbitration. 

G.  H.  [l.  s.  I 
J.    K.  fL.  s.j 


3yo.    6. 

NOTICE   TO   ARBITRATORS   OF   THEIR   APPOINTMENT. 

To  A.  B.,  C.  D.,  and  E.  F.,  Esquires : 

Gentlemen :  You  are  hereby  notified  that  you  have  been  selected  and  cho- 
sen arbitrators  on  the  part  and  behalf  of  each  of  the  undersigned,  to  arbitrate, 
award,  adjudge  and  determine  as  to  certain  matters  of  difference  specified  in 
the  submission  of  the  undersigned,  which  will  be  shown  you  {or  the  bond  of 
arbitration  which  will  be  shown  you,  or  the  specific  questions  submitted  may  he 
here  inserted)';  and  you  are  requested  to  meet  the  said  parties  at  the  house 
of  the  said  C.  D.,  in  the  city  of  Schenectady,  on  the  15th  day  of  January, 
1858,  at  3  o'clock  in  the  afternoon,  to  appoint  a  time  to  hear  the  proofs  and 
allegations  of  the  parties.  Yours,  &c., 

G.  H. 

Schenectady,  January  2,  1858.  J.  K. 


ARBITRATION  AND  AWARD.  43 


AFFIDAVIT    OF   ARBITRATORS. 

Schenectady  County,  ss.  AVe,  A.  B.,  C.  D.,  and  E.  F.,  the  undersigned  arbi- 
trators, appointed  by  Gr.  H.  and  J.  K.,  do  severally  swear  that  we  respectively 
will  faithfully  and  fairly  hear  and  examine  the  matters  in  controversy  between 
the  before  named  parties,  and  will  make  a  just  award  therein,  according  to  the 
best  of  our  understanding. 

A.  B. 
Severally  subscribed  and  sworn  before  me,  )  C.  D. 

this  15th  of  January,  1858,  f  E.  F. 

L.  M.,  Justice  of  the  Peace. 


NOTICE   OF   HEARING   BEFORE   ARBITRATORS. 

In  the  matter  of  the  arbitration  be- 
tween G.  H.  and  J.  K. 

Sir :  Take  notice,  that  a  hearing  in  the  above  matter  will  be  had  before  thu 
arbitrators,  at  the  office  of  0.  D.,  in  the  city  of  Schenectady,  on  the  25th  day 
of  January,  1858,  at  10  o'clock  in  the  forenoon. 

Schenectady,  Jan.  15, 1858.  Yours,  kc, 

To  Gr.  H.,  Esq.  J,  K 


IVo.    9. 

^3UBP(ENA    TO    APPEAR    BEFORE    ARBITRATORS. 

The  People  of  the  State  of  New  York,  to  0.  P.  and  R.  S.,  Greeting. 

You  are  commanded  to  be  and  appear  before  A.  B.,  C.  D.,  and  E.  F.,  or  any 
two  or  more  of  them,  arbitrators  chosen  to  determine  a  controversy  between 
G.  H.  and  J.  K.,  at  the  office  of  the  said  C.  D.,  in  the  city  of  Schenectady,  on 
the  25th  day  of  January,  1858,  at  3  o'clock  in  the  afternoon,  then  and  there  to 
testify  and  give  evidence  in  relation  to  said  controversy  before  said  arbitrators, 
on  the  part  of  said  G.  H.     Hereof  fail  not  at  your  peril. 

Given  under  my  hand  this  January  15,  1858. 

L.  M.,  Justice  of  the  Peace. 


OATH   ON   APPLICATION   TO   JUSTICE   OF   THE   PEACE   FOR   A   SUBPCENA. 

You  do  swear  that  you  will  make  true  answers  to  such  questions  as  I  shall 
put  to  you,  touching  the  necessity  and  propriety  of  my  issuing  a  subpoena 
upon  your  present  application  therefor. 


ICo.    11. 

OATH   TO   BE   ADMINISTERED   TO   A   WITNESS   BEFORE   ARBITRATORS. 

You  do  swear  that  the  evidence  you  shall  give  to  the  arbitrators  here  pre- 
sent, m  a  certain  issue  joined  {or  on  certain  matters  of  difference)  between  G. 
H.  and  J.  K.,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth; 
so  help  you  God 


44  THE  CLERK'S  ASSISTANT. 

3Vo.    X3. 

REVOCATION    OF    SUBMISSION. 

In  the  matter  of  the  arbitration  be-  ) 
.  tween  Gr.  H.  and  J.  K.  ) 

To  A.  B.,  C.  D.,  and  E.  F.,  Esquires,  arbitrators: 

Gentlemen  :  Take  notice,  that  I  hereby  revoke  your  powers  as  arbitrators 
under  the  submission  made  to  you  by  J.  K.  and  myself,  in  writing,  and  dated 
the  10th  day  of  March,  1858. 

Yours,  &c., 
Schenectady,  March  15, 1858.  G.  H. 

(N.  B.  When  the  submission  is  under  seal,  the  revocation  should  be  under 
seal.) 


ISTo.    13. 

NOTICE   TO   OPPOSITE   PARTY   OF   REVOCATION. 

In  the  matter  of  the  arbitration  be-  ) 
tween  G.  H.  and  J.  K.  .  f 

To  J.  K.,  Esquire : 

Sir :  Take  notice,  that  I  have  this  day  revoked  the  powers  of  A.  B.,  C.  D., 
and  E.  F.,  arbitrators  chosen  to  settle  the  matters  in  controversy  between  us, 
by  an  instrument  of  revocation,  of  which  the  following  is'  a  copy. 

Yours,  &c., 
Schenectady,  March  15,  1858.  G.  H. 

{Add  copy  of  revocation.) 


ISO.    14, 


G.  H. 

a7id  )-  In  Arbitration 

J.  K. 


The  undersigned,  A.  B.,  C.  D.,  and  E.  F.,  having  been  duly  appointed  arbi- 
trators as  to  certain  matters  in  difference  between  the  above  named  G.  H.  and 
J.  K.,  by  a  bond  (o»*  submission)  executed  by  the  said  parties,  bearing  date  the 
10th  day  of  January,  1858,  as  by  reference  thereto  will  fully  appear,  and  hav- 
ing heard  the  proofs  and  allegations  of  the  said  parties,  and  duly  deliberated 
thereupon,  do  hereby  award,  determine  and  order  that  {insert  the  finding  of 
the  arbitrators). 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals  this  25th  day 
of  January,  1858. 
In  presence  of  A.  B.  [l.  s.] 

L.  M.  .  C.  D.    [l.  s.  I 

G,  K.  E.  F.    [L.  s.| 


TS^o.    15. 

GENERAL    AWARD. 


To  all  to  whom  these  presents  shall  come  or  may  concern,  send  Greeting  ; 
A.  B.,  0.  D.,  and  E.  F.,  to  whom  were  submitted  as  arbitrators  the  matters  ic 
controversy  existing  between  G.  H.  and  J.  K.,  as  by  the  condition  of  their 
mutual  bonds  or  obligations  {o?-  submissions)  executed  by  the  said  parties 


ARBITRATION  AND  AWaRD.  45 

respectively,  cand  sealed  with  their  respective  seals,  dated  the  10th  day  of  Janu- 
ary, 1858,  more  fully  appears  :  _  _ 

Now  therefore,  know  ye,  that  we,  the  arbitrators  mentioned  m  the  said 
bonds,  having  heard  the  proofs  and  allegations  of  the  parties,  and  examined 
the  matters  in  controversy  by  them  submitted  therein,  do  therefore  make  this 
award  in  writing,  that  is  to  say,  the  said  (insert  the  finding). 

In  witness  whereof,  we  have  subscribed  these  presents  this  25th  day  of 
January,  1858. 

In  the  presence  of  ^-  B.  |  l.  s._ 

L.  M.  C.  D..  [L.  s.. 

N.  0.  E.  F.  [L.  S.J 


ISO.    16. 

SPECIAL    AWARD. 

To  all  to  whom  these  presents  shall  come,  A.  B.,  C.  D.  and  E.  R,  send 
Greeting:  Whereas,  divers  suits,  disputes,  controversies  and  differences,  have 
happened  and  arisen,  and  are  now  depending,  between  G-.  H.  and  J.  K.,  both 
of  the  city  of  Schenectady,  for  pacifying,  composing  and  ending  Avhereof,  the 
said  G.  H.  and  J.  K.,  have  bound  themselves  each  to  the  other,  m  the  penal 
sum  of  S500,  by  several  bonds  or  obligations,  bearing  date  January  10th,  1858, 
with  condition  thereunder  written,  to  stand  to,  obey,  abide,  perform  and  keep 
the  award,  order,  arbitrament,  final  end  and  determination  of  the  said  A.  B., 
C.  D.,  and  E.  F.,  arbitrators  indifferently  named,  elected  and  chosen  as  well  on 
the  part  of  the  said  G.  H.,  as  of  the  said  J.  K.,  to  arbitrate,  award,  adjudge,  and 
determine,  of  and  concerning  all,  and  all  manner  of  action  and  actions^,  cause 
and  causes  of  actions,  suits,  bills,  bonds,  judgments,  executions,  quarrels,  con- 
troversies, trespasses,  damages,  and  demands  whatever,  at  any  time  or  times 
theretofore  had,  made,  commenced,  sued,  prosecuted  or  depending,  by  or  be- 
tween said  parties  or  either  of  them,  so  as  the  said  aAvard  should  be  made  in 
writing,  under  the  hands  and  seals  of  the  said  arbitrators,  or  any  two  of  them, 
ready  to  be  delivered  unto  the  said  parties,  or  such  of  them  as  should  require 
the  same,  on  or  before  the  4th  day  of  July,  1858,  as  by  the  said  obligations 
and  conditions  thereof,  it  doth  and  may  appear.  Now  know  ye  that  the  said 
A.  B.,  C.  D.,  and  E.  F.,  taking  upon  them  the  charge  and  burden  of  said  award 
and  having  deliberately  heard  the  allegations  and  proofs  of  both  the  said  par- 
ties, do,  by  these  presents,  arbitrate,  award,  order,  decree  and_ adjudge  of  and 
concerning  the  premises,  in  manner  and  form  following,  that  is  t6  say : 

First,  They  do  aAvard,  order,  decree  and  adjudge  G.  H.,  or  his  heirs,  shall 
and  do,  on  or  before  the  1st  day  of  June  next  ensuing  the  date  hereof,  make 
and  execute  a  good  and  sufficient  conveyance  of  his  interest  as  lessee  for  years, 
of  a  certain  farm  in  the  possession  of  the  said  G.  H.,  situate  on  the  Albany 
ro.ad  in  the  said  city  of  Schenectady,  pursuant  and  according  to  the  true  in- 
tent and  meaning  of  certain  articles  of  agreement,  bearing  date  on  or  about 
June  1st,  1859,  and  made  l^etween  the  said  G.  H.  and  the  said  J.  K. 

And  also  the  said  arbitrators  do  further  award,  decree  and  arljudge  that  the 
said  G.  H.,  his  executors  or  administrators,  shall  and  do  on  or  before  the  1st 
dav  of  June  next  ensuing  the  date  hereof,  pay  or  cause  to  be  paid,  unto  the 
said  J.  K.,  his  executors  or  administrators,  at,  or  in  the  now  dwelling-house 
of  the  said  J.  K.,  in  Schenectady  aforesaid,  the  sum  of  $100  in  full  payment, 
dischar<;-e  and  satisfaction  of  and  for  all  moneys,  delfts,  duties  due  or  owing 
unto  the  said  J.  K.  by  the  said  G.  H.,  upon  any  account  whatsoever,  at  any 
lime  before  their  entering  into  the  said  bonds  of  arbitration  aforespid. 

And.  also,,  the  said  arbitrators  do  further  award,  order,  decree  and  adjudge, 
that  all  actions  ami  suits  commenced,  brought  or  depending,  between  the  said 
G.  n.  and  J.  K.,  for  any  matter,  cause  or  thing  whatsoever,  arising  or  happen- 


46  THE  CLERK'S  ASSISTANT. 

ing  at  the  time  of,  or  before  their  entering  into  the  said  bonds  of  arbitration, 
shall  from  henceforth,  cease  and  determine,  and  be  no  further  prosecuted  or 
proceeded  in  by  them,  or  either  of  them,  or  by  their,  or  either  of  their  means, 
consent  or  procurement. 

And  lastly,  the  said  arbitrators  do  further  award,  order,  adjudge  and  decree 
that  the  said  G.  H.  and  J.  K,  shall  and  do,  within  the  space  of  five  days  next 
ensuing  the  date  of  this  present  award,  seal  and  execute  unto  each  other, 
mutual  and  general  releases  of  all  actions,  cause  and  causes  of  actions,  suits, 
controversies,  trespasses,  debts,  duties,  damages,  accounts,  reckonings  and 
demands  whatsoever,  for  or  by  reason  of  any  matter,  cause  or  thing  whatso- 
fever,  from  the  beginning  of  the  world  to  the  day  of  the  date  of  the  said  bonds 
of  arbitration  as  aforesaid. 

In  witness  whereof,  the  said  arbitrators  to  this  present  award  have  set  their 
hands  and  seals  this  25th  day  of  January,  1858. 

In  presence  of  A.  B.  [  l.  s.  ] 

1  M.  C.  D.  [L.  S.1 

B.  A.  E.  R   [L.  S.J 


ISO.    Xf. 

PROOF   OF   EXECUTION   OF   THE    AWARD. 

City  and  County  of  Schenectady,  ss.  On  this  25th  day  of  January,  1858, 
before  me  came  the  above  named  A.  B.,  C.  D.,  and  E.  F.,  to  me  known  to  be 
the  persons  described  in,  and  who  signed  and  executed  the  above  award  and 
severaly  acknowledged  the  execution  thereof. 

N.  0.,   Com.,  &c. 


JVo.    X8. 

PROOF    OF   EXECUTION    OF    AWARD ANOTHER   FORM. 

City  and  County  of  Schenectady,  ss.  On  this  25th  day  of  January,  1858, 
before  me  came  the  above  named  L.  M.,  to  me  known,  Avho,  bemg  by  me 
■  sworn,  did  depose  and  say,  that  he  resides  in  the  city  of  Schenectady,  that  he 
knows  the  above  named  A.  B.,  C.  D.,  and  E.  F.,  knows  them  to  be  the  same 
persons  described  in  the  said  award  as  the  arbitrators  therein  mentioned  and 
described,  that  he  was  present  and  saw  the  said  A.  B.,  C.  D.,  and  E.  F.,  sev- 
erally sign,  execute  and  dehver  the  said  award  and  that  thereupon  he  affixed 
his  name  as  subscribing  witness  thereto. 

N.  0.,   Com.  of  Deeds. 


No.    XO. 

PROOF   OF   SERVICE   OF   AWARD   INDORSED. 

City  of  Schenectady,  ss.  G.  H.  being  sworn  says,  that  on  the  26th  day  of 
January,  1858,  he  served  the  within  award  upon  the  within  named  J.  K.,  at 
the  said  city  of  Schenectady,  and  such  service  was  made  by  handing  to  and 
leaving  Avith  the  said  J.  K.,  a  true  copy  of  said  original  award  and  at  the  same 
time  showing  him  said  original  award. 

G.  Jo- 
Sworn  before  me  this  ) 
Jan.  26th,  1858,       J 

N.  0.,    Com.  of  Deeds. 


CHAPTER  IV. 

ASSIGNMENTS. 

Assignment  signifies  the  transfer  of  all  kinds  of  property, 
real,  personal  and  mixed,  and  whether  the  same  be  in  possession 
or  in  action.  When  applied  to  real  estate  it  usually  signifies  the 
transfer  of  a  term  for  years ;  but  it  is  more  properly  used  to  sig- 
nify a  transfer  of  some  particular  estate  or  interest  in  lands.  The 
proper  technical  words  of  an  assignment  are  "assign,  transfer, 
and  set  over;"  but  the  words  "grant,  bargain  and  sell,"  or  any 
other  words  which  will  show  the  intent  of  the  parties  to  make  a 
complete  transfer,  will  amount  to  an  assignment. 

Every  assignment  of  any  interest  in  lands  must  be  in  writing, 
and  in  order  to  be  recorded  it  must  be  acknowledged.  Assign- 
ments of  personal  property  may  be  by  parol.  But  assignments  of 
instruments,  under  seal,  as  bonds,  mortgages  and  leases,  should 
likewise  be  under  seal,  and  the  assignment  of  a  policy  of  insu- 
rance should  always  receive  the  assent  of  the  insurers,  which 
must  be  in  writing,  signed  by  the  proper  officer,  and  is  usually 
indorsed  on  the  policy  of  insurance. 

Insolvent  debtors  may  assign  their  property  for  the  benefit  of 
their  creditors,  all  of  whom  must  be  paid  ratably  from  the  pro- 
ceeds, unless  preferences  are  made  in  the  assignment.  And 
where  any  of  the  creditors  are  preferred  in  the  assignment,  such 
creditors  must  be  paid  in  the  order  in  which  they  are  preferred, 
taking  care  that  when  there  is  not  property  sufficient  to  pay  all 
of  a  particular  class,  that  such  class  are  to  be  paid  ratably. 

Voluntary  assignment  in  trust  for  creditors  are  regarded  with 
jealousy,  but  the  questions  of  fraudulent  intent  are  always  ques- 
tions of  fact  and  not  of  law.  The  property  assigned  must  be 
accompanied  by  immediate  delivery,  and  be  vested  in  the  assignee 
in  trust  for  the  purposes  mentioned  in  the  article  of  assignment. 
The  property  and  the  control  of  it  must  be  entirely  out  of  and 
beyond  the  control  of  the  assignor,  and  the  disposal  of  the 
funds  must  not  be  subject  to  the  wishes  and  preference  of  the 
assignee. 

If  the  assignment  is  to  pay  a  certain  portion  of  the  creditois, 


48  THE  CLERK'S  ASSISTANT. 

and  tlie  balance  to  be  paid  to  the  assignor,  it  will  be  void.  So,, 
too,  if  the  sale  bj  the  assignee  may  be  on  credit,  or  even  if  it 
authorizes  the  assignee  to  change  the  order  of  preference  of  the 
creditors. 

The  assignee  takes  the  assigned  demand  subject  to  all  offsets 
or  demands  which  may  be  due  thereon  against  the  assignor  at  the 
time  of  the  execution  of  the  assignment. 

Every  debtor  making  a  general  assignment,  shall,  at  the  date 
thereof  or  within  twenty  days  thereafter,  make  and  deliver  to  the 
county  judge  of  the  county  where  he  resides,  at  the  date  of  such 
assignment,  an  inventory  containing  a  full  and  true  account  of  all 
the  creditors  of  such  debtor,  the  several  places  of  residence  if 
known,  and  the  sum  owing  to  each,  and  the  nature  of  the  de- 
mand, and  what  collateral  security  has  been  given  to  secure  the 
same.  Also  a  full  and  true  inventory  of  all  such  debtor's  estate, 
at  the  time  of  the  assignment,  both  real  and  personal,  at  law  and 
in  equity,  and  the  incumbrances  existing  thereon,  and  all  the 
vouchers  and  securities  relating  thereto,  and  the  value  of  the 
estate  according  to  the  best  knowledge  of  such  debtor.  The  in- 
ventory is  to  be  accompanied  by  an  affidavit  of  the  debtor,  that 
the  same  is  in  all  respects  just  and  true,  according  to  his  best 
knowledge  and  belief 

The  assignee,  previous  to  his  entering  upon  the  duties  of  the 
assignment,  is  to  enter  into  a  bond  to  the  People  of  the  State  of. 
New  York,  in  an  amount,  and  with  such  security  as  shall  be 
approved  by  the  county  judge  of  the  county,  conditioned  for  the 
faithful  performance  of  the  duties  of  such  assignee,  and  for  the 
due  accounting  of  all  moneys  received  by  him  as  such  assignee, 
which  bond  is  to  be  filed  in  the  office  of  the  county  clerk  of  the 
county,  where  such  debtor  resides. 

After  one  year  from  the  date  of  the  assignment,  any  creditor 
interested  in  the  assigned  effects  of  the  debtor  may  apply  to  the 
county  judge  for  an  order,  that  the  assignee  show  cause  why  an 
account  of  the  trust  fund  should  not  be  made,  and  a  decree 
entered,  directing  payment  of  such  proportional  part  of  the  fund 
as  such  creditor  may  be  entitled  to.  If  the  assignee  refuse  or  neg- 
lect to  comply  with  the  order  or  decree,  the  judge  may  order  the 
bond  given  by  the  assignee,  to  be  prosecuted  for  the  benefit  of  the 
persons  interested  in  the  assigned  fund. 


FORMS 


KTo.    1. 

GENERAL   ASSIGNMENT   INDORSED   ON   THE   ASSIGNED   INSTRUMENT. 

Know  all  men  by  these  presents,  that  I  the  within  named  L.  M.  in  con- 
sideration of  $100  to  me  paid  by  E.  S.,  have  assigned  to  the  said  E.  S.  and 
his  assigns,  all  my  interest  in  and  to  the  within  instrument,  and  every  part 
and  parcel '  thereof,  and  all  the  rights  and  interests  therein  and  thereby  con- 
veyed. And  I  do  hereby  constitute  and  appoint  the  said  E.  S.  my  true  and 
lawful  attorney  in  my  name,  but  at  his  own  cost  and  charges,  to  take  all  legal 
measures  which  may  be  necessary  to  enforce  the  stipulations  and  agreement 
herein  contained,  or  to  recover  the  moneys  due  or  to  grow  due  thereon. 

Witness  my  hand  and  seal  this  20th  day  of  June,  1859. 

L.  M.  [L.  s.  I 


No.    3. 

ASSIGNMENT   OF   A   LEASE. 

Know  all  men  by  these  presents,  that  I,  W.  P.  the  within  named  lessee, 
for  and  in  consideration  of  $50  to  me  in  hand  paid  by  V.  0.,  of  the  town  of 
Westerlo,  county  of  Albany,  at  and  before  the  sealing  and  deUvery  hereof, 
the  receipt  whereof  I  do  hereby  acknowledge,  have  granted,  assigned,  and  set 
over,  and  by  these  presents  do  grant,  assign  and  set  over,  unto  the  said  V.  0., 
his  executors,  administrators  and  assigns,  the  within  indenture  of  lease,  and 
all  that  house  and  farm  therein  described  with  the  appurtenances ;  and  also 
all  my  estate,  right,  title,  term  of  years  yet  to  come,  claim,  and  demand  what- 
soever, of,  in,  to,  or  out  of  the  same.  To  have  and  to  hold  the  said  house  and 
farm,  and  the  appurtenances  thereof  unto  the  said  V.  0.,  his  executors,  admin- 
istrators, and  assigns,  for  the  residue  of  the  term  within  mentioned,  under  the 
yearly  rent  and  covenants  Avithin  reserved  and  contained^  on  my  part  and  be- 
half to  be  done,  kept  and  performed. 

Witness  my  hand  and  seal  this  June  20,  1859.  W.  P.  [l.  s.  | 


IVo.    3. 

SHORT   FORM   OF   ASSIGNMENT   INDORSED   ON   AN   INSTRUMENT. 

In  consideration  of  $1  to  me  paid  by  A.  B.,  I  hereby  sell,  assign,  and 
ccnvey  to  the  said  A.  B.  the  within  instrument,  and  all  the  money  due  and 
■"-o  grow  due  thereon,  and  all  the  right  and  interest  therein  and  thereby 
acquired. 

June  20,  1859.  C.  D. 


50  THE  CLERK'S  ASSISTANT. 

lYo.    4. 

ASSIGNMENT    OF    POLICY    OF    INSDRANCE. 

Know  all  men  by  these  presents  :  That  I,  P.  B.  of  the  village  of  Cox- 
sackie,  for  and  in  consideration  of  $25,  to  me  in  hand  paid  by  R.  C.  of 
the  same  place,  the  receipt  whereof  is  hereby  acknowledged,  have  sold, 
assigned,  transferred,  and  set  over,  and  by  these  presents  do  sell,  assign,  trans- 
fer and  set  over,  unto  the  said  R.  C,  the  policy  of  insurance,  known  as  pohcy 
No.  23,685  of  The  Indemnity  Insurance  Company,  and  all  sum  and  sums  of 
money,  interest,  benefit  and  advantage  whatsoever,  now  due  or  hereafter  to 
arise,  or  to  be  had  or  made  by  virtue  thereof;  to  have  and  to  hold  the  same 
unto  the  said  R.  C.  and  his  assigns  forever. 

In  witness  whereof,  I  have  hereto  affixed  my  hand  this  June  20,  1859. 

P.  B. 


Wo.    5. 

ASSIGNMENT   OF   POLICY   AS   A   SECURITY. 

(As  in  the  last  form  to  "R.  C.  and  his  assigns,  forever,"  and  then  add  as  fol- 
lows :)  this  assignment  is  hereby  made  to  secure  the  said  R.  C.  against  anjr 
loss  and  damage  which  he  may  incur  or  sustain  by  reason  of  his  R.  C.'s  in- 
dorsement of  a  promissory  note  made  by  the  said  P.  B.,  dated  April  10,  1859, 
for  the  sum  of  $100,  payable  three  months  after  date,  the  payment  of  which 
note  at  maturity  by  the  said  P.  B.,  wiU  render  this  assignment  void,  but 
otherwise  to  be  of  full  force  and  virtue.  In  witness,  &c.  (as  in  the  last  to  the 
end). 


No.  e. 

ASSIGNMENT   OF   POLICY   INDORSED   THEREON. 

In  consideration  of  $1  to  me  in  hand  paid  by  R.  C,  I  do  hereby  sell, 
assign,  transfer  and  set  over  to  said  R.  C,  the  within  T,olicy  of  insurance,  and 
all  the  money  due,  and  which  may  become  due  thereon. 

Albany,  April  10,  1859. 

P.  B. 


ASSIGNMENT   OF   POLICY   INDORSED   THEREON    TO    SECDRE   A   MORTGAGE. 

(As  in  the  last  form  to  the  words  "  become  due  tnereon,"'  and  then  add,) 
this  assignment  is  intended  to  secure  the  said  R.  C,  to  the  extent  of  his  mort- 
gage on  the  premises  referred  to  in  said  policy,  and  when  said  mortgage  is 
paid,  to  be  void. 

April  10,  1859.  P.  B. 


JVo.    8. 

CONSENT   OF   ASSIGNMENT   OF   POLICY   TO  BE  SIGNED  BY   AN   OFFICER   OF    THE     COM- 
PANY. 

Office  of  the  Albany  Insurance  Co.  ) 
Albany,  April  10,  1859.        '  ( 
The  Albany  Insurance  Company  hereby  consent  to  the  assignment  of  the 
within  policy  of  insurance,  by  the  insured  therein  named,  subject  to  all  the 
conditions  and  provisions  in  said  pohcy  expressed,  to  R.  C. 

S.  Gr.,  Secretary,  &c. 


ASSIGNMENTS.  51 


ASSIGNIIEXT   OF   PATENT   RIGHT. 

Whereas  letters  patent,  bearing  date  -the  10th  day  of  January,  1859,  were 
granted  and  issued  by  the  government  of  the  United  States,  under  tlie  seal 
thereof,  to  R.  K.,  of  the  town  of  Coeymans,  of  the  State  of  New  Fork,  for 
(here  state  the  nature  of  tlie  invention  as  in  the  patent)  a  more  particular  and 
full  description  whereof  is  annexed  to  the  said  letters  patent  in  a  schedule ;  by 
which  letters  patent  the  full  and  exclusive  right  and  hbert)'^  of  making  and 
using  the  said  invention,  and  of  vending  the  same  to  others  to  be  used,  was 
granted  to  the  said  R.  K.,  his  heirs,  executors,  administrators  or  assigns,  for 
the  term  of  seventeen  years,  from  the  same  date. 

Now  know  all  men  by  these  presents,  that  I,  the  said  R.  K.,  for  and  in  con- 
sideration of  the  sum  of  §50,  to  me  in  hand  paid,  the  receipt  whereofis  here- 
by acknowledged,  have  granted,  assigned,  and  set  over,  and  by  these  presents 
do  grant,  assign,  and  set  over  unto  L.  P.,  of  the  said  town  of  Coeymans,  his 
executors,  administrators,  and  assigns,  forever,  the  said  letters  patent,  and  all 
my  right,  title  and  interest,  in  and  to  the  said  invention,  so  granted  unto  me  ; 
to  have  and  to  hold  the  said  letters  patent  and  invention,  with  all  benefit,  profit 
and  advantage  thereof,  unto  the  said  L.  P.,  his  executors,  administrators  and 
assigns,  in  as  full,  ample  and  beneficial  manner,  to  all  intents  and  purposes,  as 
T.  the  said  R.  K.,  by  virtue  of  the  said  letters  patent,  may  or  might  have  or 
hold  the  same,  for  and  during  all  the  rest  and  residue  of  the  said  term  of 
seventeen  years. 

In  witness  whereof,  I  have  hereto  affixed  my  hand  and  seal  this  10th  day  of 
June,  1859. 

Tn  presence  of  R.  K.  [  l.  s.  ] 

A.  B. 
C.  D. 


ASSIGNMENT   OF   CONTRACT   FOR   SALE    OF    REAL    ESTATE. 

This  indenture  made  this  20th  day  of  April,  1859,  witnesseth  that  I,  L.  C„ 
of  the  city  of  New  York,  for  and  in  consideration  of  the  sum  of  §600,  lawful 
money  of  the  United  States,  to  me  in  hand  paid,  by  M.  D.  of  the  same  place, 
have  sold,  and  by  these  presents  do  sell,  transfer,  assign  and  set  over,  unto  the 
said  M.  D.,  a  contract  for  the  sale  of  certain  real  estate,  being  lot  No.  128  i» 
43d  street  in  said  city,  being  more  particularly  described  in  said  contract, 
which  said  contract  was  made  and  executed  by  one  N.  E.,  of  the  city  of 
Brooklyn,  to  the  said  L.  C,  and  bears  date  the  10th  day  of  December,  1858, 
to  have  and  to  hold  the  same  unto  the  said  M.  D.,  his  heirs,  executors,  admin- 
istratois  and  assigns,  for  his  and  their  use  and  benefit  forever;  subject,  never- 
theless, to  the  covenants,  conditions  and  payments,  therein  mentioned.  And 
I  hereby  authorize  and  empower  the  said  M.  D.,  upon  his  performance  of  the 
said  covenants  and  conditions,  to  demand  and  receive  of  the  said  N.  E.,  tlie 
deed  covenanted  to  be  given  in  the  said  contract,  in  the  same  manner,  to  all 
intents  and  purposes,  as  I  myself  might,  or  could  do,  were  these  present*'  not 
executed. 

In  witness  whereof  I  have  hereto  affixed  my  hand  and  seal  the  day  and 
year  first  above  written. 

L.  C.  [l.  S.J 


5^  TUE  CLERK'S  ASSISTANT. 


SAJIE    INDORSED    ON   THE    CONTRACT. 

In  consideration  of  $600  to  me  in  hand  paid  by  M.  D.,  I  hereby  sell,  assign, 
and  set  over  to  the  said  M.  D.,  his  heirs  and  assigns,  the  within  contract,  and 
all  my  estate,  right,  title,  interest,  claim,  property  and  demand  of,  in  and  to  the 
same  and  the  premises  therein  described,  and  hereby  authorize  the  said  M.  D 
on  his  performance  of  the  covenants,  conditions  and  payments  therein  ex- 
pressed, to  demand  and  receive  of  the  within  named  N.  E.  the  deed  cove- 
nanted in  the  within  contract  to  be  given. 

Witness  my  hand  and  seal  this  April  10,  1859. 

L.  C.  [l.  s.  I 


ASSIGNMENT    OF    DEMAND    FOR    WAGES    OR    DEBT. 

In  consideration  of  $100  to  me  in  hand  paid  by  M.  D.,  of  the  city  of  Troy, 
the  receipt  whereof  is  hereby  acknowledged,  I,  L.  C,  of  the  same  place,  have 
sold,  and  by  these  presents,  do  sell,  assign,  transfer,  and  set  over,  unto  the 
said  M.  D.  a  certain  debt  due  from  N.  E.,  amounting  to  the  sum  of  $150,  for 
w^ork,  labor,  and  services  by  me  performed  for  the  said  N.  E.  {or  for  goods 
sold  and  delivered  to  the  said  N.  E.,)  with  full  power  to  sue  for,  collect  and 
discharge,  or  sell  and  assign  the  same,  in  my  name  or  otherwise,  but  at  his 
own  cost  and  charges;  and  I  do  hereby  covenant  that  the  said  sum  of  $150 
is  justly  due  as  aforesaid,  and  that  I  have  not  done,  and  will  hot  do,  any  act 
to  hinder,  or  prevent  the  collection  of  the  same  by  the  said  M.  D. 

Witness  my  hand  this  April  10,  1859.  L.  C. 


3Xo.  X3. 

ASSIGNMENT  OF  ACCOUNT  INDORSED  THEREON. 

In  consideration  of  $1,  value  received,  I  hereby  sell  and  assign  to  M.  D., 
the  within  account  which  is  justly  due  from  the  within  named  N.  E.,  and  I 
hereby  authorize  the  said  M.  D.  to  collect  the  same. 

Troy  April  lOth,  1859.  L.  C. 


Ifo.   i4. 

ASSIGNMENT    OF   A    COPTRIGHT    OF   A    BOOK,    FOR    ONE   EDITION. 

This  indenture  of  two  parts,  made  this  10th  day  of  April,  1859,  by  and 
between  K.  S.,  of  the  city  of  New  York,  of  the  first  part,  and  L.  T.,  of  the 
same  place  of  the  second  part,  witnesseth : 

Tliat  the  said  K.  S.,  for  the  consideration  hereinafter  expressed,  do  hereby 
authorize  and  allow  the  said  L.  T.  to  print,  publish  and  sell  an  edition  of  one 
thousand  copies  of  a  work  now  in  preparation  by  said  K.  S.,  to  be  called  (in- 
sert the  title)  the  said  K.  S.,  hereby  reserving  to  himself  the  general  copyright 
in  said  work. 

And  the  said  K.  S.,  in  consideration  of  the  payments  hereinafter  agreed  and 
covenanted  to  be  made  by  said  L.  T.,  doth  hereby  covenant  and  agree  to  and 
with  the  said  L.  T.,  that  he  will  fui'nish  to  the  printer  to  be  employed  by  him, 
fair  ccpy  of  the  said  work,  and  will  superintend  the  printing,  and  correct  the 
nroofs  thereof,  in  the  usual  manner;  and  that  he  will  take  out  of  the  clerk's 
office  of  the  District  Court  of  the  United  States,  for  tl^e  Southern  District  of 
New  York,  the  usual  evidences  of  copyright,  for  the  protection  of  said  work, 
and  will  not  authorize  any  person  to  print,  publish  or  sell,  and  will  not  print, 


ASSIGNMENTS.  53 

publish  or  sell  huiisclf,  anj'  other  copies  of  the  said  work,  until  the  whole 
of  the  said  one  thousand  copies  have  been  disposed  of  by  the  said  L.  T.,  pro- 
vided said  one  thousand  copies  are  sold  within  five  years  from  the  date  hereof. 

And  the  said  L.  T.,  in  consideration  of  the  afoi-esaid  authority  and  agree- 
ment, does  hereby  covenant  and  agree  to  and  with  the  said  K.  S.,  that  he  will 
pay  hini,  the  said  K.  S.,  the  sum  of  ten  cents  for  each  and  every  copy  of  the 
said  one  thousand  copies,  payable  semi-annually,  as  fast  as  the  said  copies  shall 
be  sold  or  otherwise  disposed  of,  he  rendering  to  the  !?aid  K.  S.,  an  account 
of  sales  of  the  said  work  at  the  expiration  of  each  six  months  from  the  day 
of  the  first  publication  until  the  whole  shall  be  sold,  and  they  will  give  to  the 
said  K.  S.,  ten  copies  of  said  work  handsomely  bound,  free  of  charge,  as  soon 
as  conveniently  may  be  done  after  the  manuscript  copy  has  been  furnished  Ijy 
the  said  K.  S. 

And  the  said  L.  T.,  in  consideration  also  of  the  aforesaid  authority  and 
agreement,  does  further  covenant  and  agree  to  and  with  the  said  K.  S.,  that 
he  will  not  print,  publish  or  sell  any  more  than  the  said  one  thousand  copies, 
until  authorized  so  to  do  by  the  said  K.  S.,  or  his  legal  representatives,  in 
writing;  it  being  understood  that  the  license  herein  contained  extends  only 
to  one  edition  of  the  number  of  copies  above  specified. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and 
seals,  on  the  day  and  year  first  above  written. 

In  presence  of  K.  B.  [  l.  s.  j 

A.  B.  L.  T.    fu  s.] 

IVo.    15. 

ASSIGNMENT    OF   AN    ENTIRE    COPYRIGHT. 

This  indenture  made  tliis  lOth  d^y  of  April,  1859,  between  R.  M.,  of  Schen- 
ectady, Professor  of  Moral  Philosophy,  of  the  one  part,  and  S.  N.,  of  the 
same  place,  bookseller,  of  the  other  part.  Whereas,  the  said  R.  M.,  has  writ^ 
ten  and  compiled  a  book  entitled  "  The  Right  Use  of  Reason,"  now  this  inden- 
ture witnesseth  that  the  said  R.  M.,  for,  and  in  consideration  of  the  sum  of 
$300  to  him  in  hand  paid  by  the  said  S.  N.,  the  receipt  whereot  is  hereby 
acknowledged,  has  bargained,  sold,  and  assigned,  and  by  these  presents  does 
bargain,  sell  and  assign  unto  the  said  S.  N.,  all  the  said  book,  and  all  his  copy- 
right, title,  interest,  property,  claim,  and  demand  whatsoever,  of,  in  and  to  the 
same,  to  have  and  to  hold  the  said  book,  copyright  and  all  the  profit,  benefit 
and  advantage,  that  shall  or  may  arise,  by  and  from  printing,  re-printing,  pub- 
lishing and  vending  the  same  unto  the  said  S.  N.,  on  the  terms  and  condi- 
tions, and  for  the  whole  period  allowed  in  and  by  the  several  acts  of  the  Con- 
gress of  the  United  States  for  the  encouragement  of  learning,  by  securing  the 
copies  of  maps,  charts  and  books,  to  the  authors  and  proprietors  of  such 
copies,  during  the  times  therein  mentioned :  Provided,  nevertheless,  and  these 
presents  are  upon  this  expi'ess  condition,  that  the  number  of  copies  to  be 
printed  of  the  first  and  each  and  every  other  edition  or  impression  of  the  said 
book,  shall  not  exceed  one  thousand,  and  that  the  said  S.  N.  shall  and  will 
pay  unto  the  said  R.  M.,  fhe  further  sum  and  sums  of  $100,  for,  at  and  upon 
the  re-printing  or  making  a  second,  and  each  and  every  other  future  and 
further  edition  or  impression  that  shall  or  may  be  made  of  the  said  book, 
for  and  towards  a  father  reward  and  satisfaction  to  the  said  R.  M.,  for  his 
writing  and  compiling  the  same.  The  said  payments  shall  be  made  before 
the  publication  of  the  said  several  impressions  or  editions  (after  the  first) 
and  sale  of  the  same  or  any  part  thereof,  by  the  said  S.  N.,  or  by  any  other 
person  or  persons  by,  for  or  under  him.  And  the  said  S.  N.  doth  covenant, 
promise  and  agree  to  and  with  the  said  R.  ^I.,  that  he,  the  said  S.  N.,  shall 
and  Avill  pay  or  cause  to  be  paid  to  the  said  R.  M.  the  said  respective  sum  and 
sums  of  $100,  at  and  upon  the  re-printing,  and  before  the  publicatior  and  sale 


54  THE  CLERK'S  ASSISTANT. 

of  the  said  second  and  every  other  future  and  further  edition  and  impression 
that  shall  or  may  be  made  of  the  said  book  accordmg  to  the  proviso  itforesaid, 
and  the  true  intent  and  meaning  of  these  presents.  And  to  the  fulfilhnent  of 
the  covenants  and  agreements  lierein  contained,  the  parties  bind  their  respective 
executors,  administrators  and  assigns  as  well  as  themselves. 
In  presence  of 

A.  B.  R.  M.  [l.  S.J 

C.  D.  S.  N.   [l.  s.] 

Jfo.    16. 

ASSIGNMENT    OF    JUDGMENT. 

This  indenture  made  the  10th  day  of  May,  in  the  year  of  our  Lord,  1859, 
between  R.  M.,  of  the  city  of  Albany,  party  of  the  first  part,  and  S.  N.,  of  the 
same  place,  party  of  the  second  part.  Whereas,  the  said  party  of  the  first  pai-t 
on  the  4th  day  of  May,  in  the  year  1858,  recovered  by  judgment  in  the 
Supreme  Court  of  the  State  of  New  York  in  the  county  of  Albany,  against 
A.  B.,  the  sum  of  .$1,015,  as  by  the  record  thereof,  still  remaining  in  the  said 
court,  more  fully  appears. 

Now  this  indenture  witnesseth,  that  the  said  party  of  the  first  part  for  and 
in  consideration  of  the  sum  of  $950,  lawful  money  of  the  United  States  of 
America,  to  him  in  hand  paid  by  the  said  party  of  the  second  part,  at  or  be- 
fore the  ensealing  and  delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged,  has  granted,  bargained,  sold,  assigned,  transferred,  and  set 
over,  and  by  these  presents  does  grant,  bargain,  sell,  assign,  transfer  and  set 
over,  unto  the  said  party  of  the  second  part,  his  executors,  administrators  and 
assigns,  the  said  judgment  so  recovered  as  aforesaid,  and  all  the  benefit  and 
advantage,  sum  and  sums  of  money  that  may  be  had,  obtained  or  gotten,  by 
reason  or  means  of  the  said  judgment,  or  any  proceedings  to  be  had  thereon. 
And  the  said  party  of  the  first  pai't,  for  the* consideration  aforesaid,  has  made 
constituted  and  appointed,  and  by  these  presents  does  make,  constitute  and 
appoint,  the  said  party  of  the  second  part  his  executors,  administrators  and 
assigns,  to  be  his  true  and  lawful  attorney  and  attorneys,  irrevocable,  for  him 
and  in  his  name,  and  in  the  name  and  names  of  his  executors  and  administra- 
tors, but  for  the  sole  and  proper  use  and  benefit  of  the  said  party  of  the  second 
part,  his  executors,  administrators  and  assigns,  to  ask,  demand,  and  by  all  law- 
ful ways  and  means  recover  and  receive,  of  the  said  A.  B.,  his  heirs,  execu- 
tors, administrators  and  assigns,  the  money  due,  or  to  become  due  on  the  said 
judgment,  and  sue  out  execution  and  executions  upon  the  said  judgment  for 
recovery  thereof;  and  on  payment  or  collection  of  the  same,  to  acknowledge 
satisfaction,  or  give  other  good  and  sufficient  releases  and  discharges  of  the  said 
judgment.  And  attorneys  one  or  more  under  him  for  the  purpose  aforesaid, 
to  make  and  substitute,  and  at  pleasure  to  revoke,  and  v/hatsoever  the  said 
party  of  the  second  part  his  attorney  or  substitute  shall  lawfully  do  in  the  pre- 
mises, the  said  party  of  the  first  part  does  hereby  allow  and  confirm.  And 
the  said  party  of  the  first  part  docs  covenant  with  the  said  party  of  the  sec- 
ond part,  that  there  is  now  due  and  owing  on  the  said  judgment,  the  sum  of 
$1,015  and  interest  from  May  4th,  1858,  and  that  he  has  not  received,  nor  will 
receive  the  said  moneys  due  or  that  may  become  due  on  the  said  judgment, 
neither  will  release  or  discharge  the  same,  or  any  part  thereof,  but  will  own 
and  allow  all  lawful  proceedings  for  the  recovery  thereof,  the  said  party  of  the 
second  part  saving  the  said  party  of  the  first  part  harmless  of  and  from  any 
costs  that  may  happen  thereby. 

In  witness  whereof,  the  party  of  the  first  part  to  these  presents  lias  here- 
unto set  his  hand  and  seal,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in  )  R.  M.  [  l.  s.  J 

the  presence  of  f 

B.  B. 


ASSIGNMENTS.  55 

I^o.    XV, 

ASSIGNMENT   OP   JUDGMENT — ANOTHER   FORM. 

SUPEEME  COURT  — County  of  Albany. 

:    ^^  )  Recovery, $538  14 

%f-  (costs,./'. 14  25 


CD.        _[ 


$552  39 


RoU  filed  May  6th,  1859,  3  h.,  p.  m. 

E.  F.,    Plff's  Attrj. 

In  consideration  of  $553,  to  me  paid,  I  do  hereby  sell,  assign  and  transfer 
to  Gr.  H.,  the  judgment  above  mentioned,  for  his  use  and  benefit,  hereby  au- 
thorizing him  to  collect  and  enforce  payment  thereof  in  my  name,  or  other- 
wise, but  at  his  own  costs  and  charges,  and  covenanting  that  the  sum  of 
$552.39  with  the  interest  from  the  6th  day  of  May,  1859,  is  due  thereon. 

Witness  my  hand  and  seal  this  30th  day  of  June,  1859. 

A.  B.  [l.  s.l 

ASSIGNMENT   OF   JUDGMENT   OF   JUSTICES   COURT. 

ALBANY  COUNTY  COURT. 


A.  B. 

agt. 
C.  D. 


Judgment  obtained  before  E.  F.,  a  Justice  of  the  Peace  residing  in  Water- 
vliet  for  the  sum  of  $33.56  recovery  and  $2.43  costs,  May  9th,  1859,  transcript 
filed  and  judgment  docketed  in  the  Albany  County  Clerk's  Office,  May  10th, 
1859. 

For  value  received,  I  hereby  sell,  assign,  transfer  and  set  over,  the  above 
judgment  and  all  the  moneys  due  and  to  becopie  due  thereon  to  Gr.  H. 

Dated  Watervliet,  June  29th,  1859. 

J.  K. 


TSo,    XO. 

ASSIGNMENT   OF   BOND    AND   MORTGAGE. 


Know  all  men  by  these  presents,  that  I,  A.  B.  of  the  town  of  Coeymans, 
of  the  first  part,  for  and  in  consideration  of  the  sum  of  $800,  lawful  money 
of  the  United  States  of  America,  to  me  in  hand  paid  by  C.  D.,  of  the  same 
place,  of  the  second  part,  at  or  before  the  ensealing  and  delivery  of  these 
presents,  the  receipt  whereof  is  hereby  acknowledged,  have  granted,  bargained, 
sold,  assigned,  transferred  and  set  over,  and  by  these  presents  do  grant,  bar- 
gain, sell,  assign,  transfer  and  set  over,  unto  the  said  party  of  the  second  part, 
a  certain  indenture  of  mortgage,  bearing  date  the  5th  day  of  July,  1851,  made 
by  E.  F.  and  his  wife,  and  recorded  in  the  office  of  the  clerk  of  the  county  of 
Albany,  in  book  No.  208  of  mortgages,  page  981,  on  the  6th  day  of  July  in  the 
year  of  our  Lord,  1851,  together  with  the  bond  or  obligation  therein  described, 
and  the  money  due  and  to  grow  due  thereon,  with  the  interest,  to  have  and  to 
hold  the  same  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns,  for- 
ever, subject  only  to  the  proviso  in  the  said  indenture  of  mortgage  mentioned. 
And  I  do  hereby  authorize  and  appoint  the  said  party  of  the  second  part  my 
ti'ue  and  lawful  attorney,  irrevocable,  in  my  name  or  otherwise,  but  at  his 


56  THE  CLERK'S  ASSISTANT. 

proper  costs  and  charges,  to  have,  use  and  take  all  lawful  ways  and  means,  for 
the  recovery  of  the  said  sum  of  money  and  interest,  secured  to  be  paid  in  and 
by  the  said  bond  and  mortgage ;  and  in  case  of  payment,  to  discharge  and 
satisfy  the  same  as  fully  as  I  might  or  could  do  if  these  presents  were  not 
made  :  And  I  do  hereby  covenant,  promise  and  agree,  to  and  with  the  said 
party  of  the  second  part,  that  there  is  now  secured  to  be  paid  by  the  said 
bond  and  mortgage  the  sum  of  $800  and  interest  thereon  from  the  5th  day  of 
July,  1858.* 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  8th  day  of 
December,  1858. 

Sealed  and  delivered  )  A.  B.  [l.  s.  ] 

in  presence  of        J 
L.  R. 

(Add  acknowledgment) 


TSo.    SO. 

ASSIGNMENT   OF   BOND   AND    MORTGAGE   WITH   A   GUARANTY   OF   PAYMENT. 

(As  in  the  last  form  to  the  *  and  then  insert  as  follows :)  And  in  considera 
tion  of  the  payment  aforesaid,  I  hereby  guarantee  the  payment  of  the  said 
bond  and  mortgage,  according  to  the  terms  and  conditions,  and  at  the  times 
specified  in  the  said  bond  and  mortgage. 


IS^o.    SX. 

ASSIGNMENT   OF   BOND   AND   MORTGAGE   WITH   A   GUARANTY   OF   COLLECTION. 

(As  in  the  last  form  but  one  to  the  *  and  then  insert  as  follows :)  And  in 
consideration  of  the  payment  of  the  sum  of  money  before  mentioned,  I  hereby 
guarantee  the  collection  of  the  said  bond  and  mortgage,  and  all  the  sums  of 
money  due,  and  to  grow  due  thereon. 


ISO.  aa. 

ASSIGNMENT   OF   BOND   AND   MORTGAGE — SHORTER  FORM. 

Mortgage  dated  the  3d  day  of  April,  1858,  executed  by  A.  B.  and  wife, 
to  C.  D.,  recorded  in  the  Schenectady  county  clerk's  office,  in  book  No.  300 
of  mortgages,  page  10,  &c.  Bond  bearing  date  the  day  aforesaid,  executed 
by  A.  B.  to  C.  D.,  aforesaid,  in  the  penal  sum  of  §1,000  conditioned  for  the 
payment  of  $500  in  five  years  from  the  date  thereof,  with  interest  semi- 
annually. 

■In  consideration  of  $500  to  me  paid  by  E.  F.,  I  do  hereby  sell,  assign, 
transfer  and  set  over,  unto  the  said  E.  F.,  the  bond  and  mortgage  above  de- 
scribed; hereby  authorizing  him  to  collect  and  enforce  payment  thereof, 
in  my  name  or  otherwise,  but  at  his  own  costs  and  chapges.  And  I  do  hereby 
covenant,  that  the  sum  of  $500  with  interest  from  the  3d  day  of  April,  1859, 
is  now  due  and  owing  on  the  said  bond  and  mortgage ;  and  that  I  have 
good  right  to  sell  the  same.  * 

Witness  my  hand  and  seal  this  10th  day  of  June,  1859. 

C.  D.  [l.  S.J 


I 


ASSIGNMENTS.  57 

IV  o.    33. 

ASSIGNMENT    OF    BOND    AND    JIORTGAGE INDORSED    ON   THE    MORTGAGE. 

In  consideration  of  $500  to  me  paid  by  J.  K,  I  hereby  sell,  assign,  transfer 
and  set  over  to  J.  K.,  the  within  mortgage,  and  the  bond  accompanying 
the  same,  and  authorize  him  to  collect  and  discharge  the  same. 

Sclienectady,  June  10,  1859. 

C.  D.  [L.  s.] 


3Xo.    34. 

ASSIGNMENT   OF    BOND    AND    MORTGAGE    AS    COLLATERAL    SECURITY. 

(As  in  either  of  preceding  forms  No.  22  or  19  to  the  *  and  then  as 
follows  :) 

But  this  assignment  is,  nevertheless,  made  upon  this  express  condition  that 
if  the  said  C.  t).,  his  heirs,  executors  or  administrators,  shall  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  said  E.  F.,  his  heirs,  executors,  administra- 
iors  or  assigns,  the  sum  of  $450  and  interest  thereon,  on  or  before  the  1st  day 
cf  December  next,  this  assignment  sli^ll  be  void  and  of  no  effect ;  this  inden- 
ture being  made  for  the  purpose  of  securing  the  payment  of  the  said  sum  of 
|450  with  interest  as  aforesaid,  and  for  no  other  purpose  whatever.  And  in 
case  the  said  E.  R,  his  heirs,  executors,  administrators,  or  assigns,  shall  collect 
and  leceive  the  money  due  on  the  said  mortgage  hereby  assigned,  he  shall, 
after  itfcaining  the  said  sum  of  $450  and  interest  thereon,  and  his  reasonable 
costs  aud  charges  in  that  behalf  expended,  pay  the  surplus,  if  any,  to  the  said 
C.  D.,  Iu3  heirs,  executors,  administrators  or  assigns. 

In  witness  whereof,  the  said  parties  have  hereto  respectively  set  their  hands 
and  seals,  the  1st  day  of  July,  1859. 

C.  D.  [l.  S.J 

E.  R  [L.  S.J 
N.  B. — All  assignments  of  bonds  and  mortgages  should  be  acknowledged, 
that  they  may  be  recorded. 


,    ISO.    33. 

ASSIGNMENT   OF   CONTRACT   AS   COLLATERAL   SECURITY. 

Whereas  I,  H.  B.,  of  the  city  of  Schenectady,  have  made  a  written  con- 
tract with  L.  T.  of  the  city  of  Utica,  for  the  purchase  of  certain  real  estate  iu 
the  said  contract  mentioned,  and  described,  said  contract  bearing  date  December 
24,  1858,  and  whereas  W.  W.,  of  the  city  of  Schenectady,  has  loaned  me  the 
sum  of  $235,  and  for  Avhich  I  have  given  my  note,  dated  June,  10,  1859, 
payable  in  six  months  from  the  date  thereof  with  interest.  Now  in  consid- 
eration of  $1  to  me  in  hand  paid,  and  to  secure  the  payment  of  the  said  note,  I 
hereby  sell  and  assign  to  said  W.  W.,  the  said  contract,  and  all  the  rights,  value, 
interest,  benefit  and  property  therein  contained,  and  hereby  authorize  and 
empower  the  said  W.  W.,  upon  his  performance  of  the  conditions  in  the  said 
contract  mentioned,  to  demand  and  receive  of  the  said  L.  T.,  the  deed  cove- 
nanted to  be  given  in  the  said  contract,  upon  condition  tliat  if  the  said  not« 
is  fully  paid  at  maturity,  then  this  assignment  and  everytliing  herein  contained 
shall  cease  and  be  void,  otherwise  to  be  of  full  force  and  virtue. 

Schenectady,  June  15,  1859. 

H.  B.  [l.  S.J 
8 


58  THE  CLERK'S  ASSISTANT. 

Tio.    36. 

ASSIGNMENT     BY   AN    INDIVIDU.Oi    FOR   THE    PAYMENT    OF     DEBTS,    GIVING    A   PRE- 
FERENCE. 

Tliis  indenture  made  the  10th  day  of  April,  1859,  between  A.  B.,  of  the 
first  part,  and  0.  D.  of  the  second  part,  witnesseth:  That,  Whereas  tlie  said  A. 
B.,  is  indebted  to  sundiy  persons,  and  being  in  embarrassed  circumstances,  is 
desirous  of  making  a  just  and  fair  distribution  of  his  property  among  his 
creditors.  Therefore,  in  consideration  of  the  premises,  and  of  §1  to  him 
paid  by  tlie  said  C.  D.,  the  receipt  whereof  is  hereby  acknowledged,  tlr3 
said  A.  B.  has  granted,  bargained,  and  sold,  released,  assigned,  and  set  over, 
and  by  these  presents  doth  bargain,  sell,  assign,  and  set  over  unto  the  said  C. 
D.,  and  to  his  assigns  forever,  all  and  singular  the  lands,  tenements  and  here- 
ditaments, real  estate  and  chattel  real  of  the  said  A.  B.,  wherever  the  same 
may  be  situated.  And  also,  all  the  goods,  wares  and  merchandise,  bonds, 
notes,  accounts,  and  debts  due  and  owing  to  the  said  A.  B.,  in  what  manner 
soever  secured,  and  all  books  and  vouchers  relating  thereto,  and  all  the  personal 
property  of  the  said  A.  B.,  of  every  kind  and  description  wherever  the  same 
may  be,  (except  such  articles  as  are  by  law  exempt  from  execution),  to  have 
and  to  hold  the  same,  and  every  part  and  parcel  thereof,  to  the  said  C.  D.,  and 
to  his  assigns;  in  trust  however,  and  to  and  for  the  uses,  intents  and  purposes 
following ;  that  is  to  saj' :  * 

The  said  C.  D.  shall  take  possession  of  the  said  property,  and  shall  with  all 
convenient  diligence  sell  and  dispose  of  the  same,  and  convert  the  same  into 
money,  and  shall  also  collect  all  such  debts  as  are  collectable.  And  the  said 
C.  D.  shall,  by  and  with  the  avails  and  proceeds  of  sales  and  collections,  first 
pay  and  discharge  all  the  just  and  reasonable  costs  and  expenses  attending  the 
due  execution  of  tliis  assignment,  and  the  carrying  into  effect  the  said  trust, 
together  with  a  reasonable  compensation  for  his  own  services ;  and  the  residue 
of  the  avails  and  proceeds  of  the  said  sales  and  collections  shall  constitute  a 
fund,  to  be  used  and  applied  by  the  said  C.  D.,  for  and  towards  the  payment 
of  the  debts  owing  by  the  said  A.  B.,  and  which  debts  the  said  C.  D.  shall  pay 
and  discharge  m  the  order  and  manner  following,  that  is  to  say. 

Class  first. — The  following  debts  owing  by  the  said  A.  B.,  and  which  are 
hereby  designated  as  class  first,  viz. : 

No.  1.  C.  M.  &  Co.,  of  N.  Y.,  $600  and  interest  thereon,  from  Jan.  1,  1858.. 

No.  2.  M.  E.  P.,  The  balance  of  account  due  him  being  $580. 

No.  3.  N.  0.  G.,  of  Brooklyn,  $75  and  interest  from  Sept.  15,  1858. 

Second  Class. — L.  P.,  The  amount  of  a  promissory  note  held  by  him  exe- 
cuted by  me  for  $120.  Dated  March  6,  1858,  payable  three  months  after  dat* 
with  interest. 

I.  G.,  of  the  city  of  Troy,  $300  and  interest,  from  June  6,  157. 

Third  Class.— A\\  debts  and  liabilities  which  the  said  A.  B.  may  be  owing 
or  indebted  to  any  person  whatever. 

If  there  is  not  sufficient  of  the  said  fund  for  the  payment  of  all  the  debts  set 
forth  in  said  class  first,  the  said  C.  D.  is  to  pay  the  same  in  the  order  in  which 
said  debts  are  numbered  in  this  assignment  in  said  class  first.  After  the  pay- 
ment of  all  debts  set  foith  in  class  fh-st,  the  rest  and  residue  of  said  fund  shall 
be  used  and  applied  by  the  said  C.  D.  towards  the  payment  of  debts  mentioned 
in  class  second  ;  and  in  case  there  are  not  sufficient  funds  to  pay.  all  of  class 
second,  then  the  said  debts  therein  mentioned  are  to  be  paid  pro  rata,  or  in 
proportion  to  their  respective  demands. 

The  rest  and  residue  of  said  fund,  if  any  there  shall  be,  after  the  payment 
and  discharge  of  all  the  debts  set  forth  in  class  second  as  aforesaid,  shall  be  used 
and  applied  by  the  said  C.  D.  for  and  towards  the  payment  of  the  said  debts, 
designated  as  class  third,  whicii  shall  be  paid  and  discharged  in  full,  if  there  is 
sufficient  for  that  purpose,  and  if  there  is  not  sufficient  then  the  same  shall  be 
distributed  amongst  the  creditors  embraced  in  said  class  third,  pro  rata,  or  in 
proportion  to  their  respective  demands. 


ASSIGNMENTS.  59 

After  the  payment  of  all  the  costs,  charges  and  expenses  attending  the  ex- 
ecution of  this  trust,  and  after  the  payment  of  all  the  debts  of  the  said  A.  B., 
if  any  portion  of  the  said  fund  shall  remain  in  the  hands  or  control  of  the  said 
C.  D.,  he  shall  return  the  same  to  the  said  A.  B.,  his  executors,  administrators, 
or  assigns. 

The  schedule  hereunto  annexed  is  intended  to  contain  a  just  and  true  state- 
ment of  all  the  real  estate,  chattels  real  and  personal  property  belonging  to 
the  said  A.  B.,  and  of  all  the  debts  owing  to  him,  whether  due  or  not  due  at 
the  date  of  this  instrument. 

If  any  dispute  or  misunderstanding  shall  at  any  time  arise  or  exist  respect- 
ing the  title  to  an}'  of  the  property  hereby  conveyed  or  transferred  to  the  said 
0.  D.,  or  respecting  the  debts  owing  to  or  by  the  said  A.  B.,  the  said  C.  D.  is 
authorized  in  his  discretion  to  submit  the  same  to,  and  have  the  same  deter- 
mined by  arbitrators  or  referees  ;  and  he  is  also  authorized  to  compound  and 
liquidate  any  of  the  said  debts  owing  to  the  said  A.  B.,  which  he  may  deem 
bad  or  doubtful  for  such  proportion  thereof,  and  upon  such  terms  as  he  may 
deem  proper,  and  most  for  the  interest  of  the  said  creditors  of  the  said  A.  B. 

In  witness  whereof,  the  said  A.  B.  has  hereunto  set  his  hand  and  seal  the 
day  and  year  first  above  written. 

A.  B.  [l.  S.J 
(Add  Schedule.) 

\1?  the  assignment  conveys  real  estate  it  should  be  acknowledged  and  re- 
corded in  the  county  clerk's  office  of  the  county  where  the  land  lies.) 


ASSIGNMENT    TO    PAY    DEBTS    WITHOUT    PREFERENCE. 

This  indenture  made  this  30tli  day  of  July,  1859,  by  and  between  A.  B.  of 
the  first  part,  and  C.  D.  of  the  second  part,  witnesseth : 

That  whereas  the  party  of  the  first  part  is  indebted  to  divers  persons  in  con- 
siderable sums  of  money  which  he  is  at  ]M-esent  unable  to  pay  in  full,  and  he  i3 
desirous  to  convey  all  his  property  for  the  benefit  of  all  his  creditors  without 
any  preference  or  priority. 

Now  the  party  of  the  first  part,  in  consideration  of  the  premises,  and  of  $1 
paid  to  him  by  the  party  of  the  second  part,  hereby  sells,  assigns,  grants  and 
conveys  unto  the  party  of  the  second  part,  all  his  lands,  tenements,  heredita- 
ments, goods,  chattels,  property,  and  choses  in  action  of  every  name,  nature 
and  description,  wheresoever  the  same  may  be,  except  such  property  as  is  by 
law  exempt  from  execution  ;  to  have  and  to  hold  the  same  unto  the  said  party 
of  the  second  part  in  trust,  to  sell  and  dispose  of  the  said  real  and  personal 
estate,  and  to  collect  the  said  choses  in  action,  with  the  right  to  compound  for 
the  said  choses  in  action,  taking  a  part  for  the  whole,  where  the  party  of  the 
second  part  shall  deem  it  expedient  to  do  so  ;  then  in  trust  to  dispose  of  the 
proceeds  of  the  said  property  in  the  manner  folloAving: 

First. — To  pay  the  costs  and  charges  of  these  presents,  and  the  expenses  of 
executing  the  trust  declared  and  set  forth  herein. 

Second. — To  distribute  and  pay  the  remainder  of  the  said  proceeds  to  all  the 
creditors  of  the  said  party  of  the  first  part ;  for  all  debts  and  liabilities  which 
the  said  party  of  the  first  part  may  be  owing  or  indebted  to  any  person 
whatever;  provided,  however,  that  if  there  is  not  sufficient  funds  for  the 
payment  of  all  the  debts  of  said  party  of  the  first  part,  then  the  said  debts 
are  to  be  paid  pro  rak(,  or  in  proportion  to  their  respective  demands. 

The  rest,  residue  and  remainder,  if  any  there  be  after  paying  said  costs, 
charges,  expenses  and  debts,  as  aforesaid,  the  said  party  of  the  second  part  is* 


60  THE  CLERK'S  ASSISTANT. 

to  pay  over  to  the  said  party  of  the  first  part,  his  executors,  administrators  or 
assigns. 

Jn  witness  whereof,  the  said  party  of  the  first  part  has  hereunto  set  his 
hand  and  seal  the  day  and  year  first  above  written. 

A.  B.  [L.  s.] 


Pfo.    38. 

INVEXTORY   OF   DEBTOR  FOR  THE   COUNTY   JUDGE. 

The  following  is  a  just  and  true  inventory  of  all  the  creditors  of  A.  B.,  who 
has  made  an  assignment  to  C.  D.,  which  assignment  bears  date  May  10,  1860. 

The  amount  due  E.  F.,  of  the  city  of  Troy,  is  $300  and  interest  thereon 
from  Dec.  16,  1859,  and  is  for  money  borrowed  of  the  said  E.  F.,  at  Troy, 
Dec.  16,  1859. 

The  amount  due  J.  K.,  of  the  village  of  West  Troy,  is  $75  and  mterest 
thereon  from  ilay  10,  1860,  and  is  for  groceries  purchased  of  the  said  J.  K.  at 
his  store  in  said  village  at  divers  times  from  Nov.  8,  1859,  to  May  10,  1860. 

The  amount  due  L.  M.,  of  the  village  of  Waterford,  is  a  bond  for  $2,000 
conditioned  to  pay  $1,000  and  interest  thereon  from  Oct.  1,  1859,  and  is  for 
money  borrowed  of  the  said  L.  M.,  at  Waterford,  on  the  1st  of  Oct.,  1855, 
and  is  secured  by  a  mortgage  on  the  house  and  lot  of  the  said  A.  B.,  in  West 
Troy. 


The  following  is  a  true  inventory  of  the  estate  and  assets  of  A.  B.,  on  the 
10th  day  of  May,  1860,  that  being  the  time  of  his  assignment  to  C.  B. 

One  house  and  lot  in  the  village  of  West  Troy,  estimated  to  be  worth  the 
sum  of  $1,600,  on  which  there  is  a  mortgage  of  $1,000  to  L.  M.,  of  Water- 
ford, which  said  sum  of  $1,000  and  interest  thereon  from  Oct.  1,  1859,  is  due 
the  said  L.  M. 

The  following  accounts  against  the  persons  hereinafter  named  (set  forth 
names  of  persons  and  the  amount  due  from  each). 


3N-0.    39. 

AFFIDAVIT   ANNEXED   TO   INVENTORY. 

Albany  County,  ss.  A.  B.  being  sworn,  says  that  the  foregoing  {or  with- 
in) is  an  inventory  of  all  the  credits  of  the  said  A.  B.,  as  well  as  an  mventory 
of  his  assets,  and  the  same  is  in  all  respects  just  and  true  accordmg  to  the 
best  knowledge  and  belief  of  this  deponent. 

Sworn,  &c.  ^  S- 

ISO.    30. 

BOND   OF   ASSIGNEE. 

Know  all  men  by  these  presents,  that  we,  C.  D.,  of  the  village  of  West 
Tfoy  and  B  P.  and  P.  0.  of  the  same  place,  are  held  and  firmly  bound  unto 
the  People  of  the  State  of  Xew  York,  in  the  sura  of  $6,000  lawful  money 
of  the  United  States  of  America,  to  be  paid  to  the  said  the  People  of  the 
State  of  New  York  or  their  assigns :  for  which  payment,  well  and  truly  to  he 
made,  we  bind  ourselves,  our  heirs,  executors  and  admmistrators,  jomtly  and 
severally,  firmly  by  these  presents.     Sealed  with  our  seal. 

Dated  tne  15th  day  of  May,  1860. 


ASSIGNMENTS.  61 

Whereas,  one  A.  B.  has  made  an  assignment  of  all  his  goods,  chattels  and 
'Tedits,  to  the  above  named  C.  D.,  for  the  payment  of  the  debts  of  the  said 
A.  B.,  as  expressed  in  said  instrument  of  assignment,  bearing  date  ilay  10, 
18C0,  and  recorded  in  the  clerk's  office  of  the  county  of  Albany  on  said  10th 
day  of  May,  1860,  which  said  assignment  the  said  C.  D.  has  accepted,  on  being 
ordered  by  the  County  Judge  of  Albany  county  to  give  bond  with  security  in 
the  sum  of  §G,000 :  Now  the  condition  of  this  obligation  is  such,  that  if 
the  said  C.  D.  shall  faithfully  discharge  the  duties  as  such  assignee,  and 
duly  account  for  all  moneys  received  by  him  as  such  assignee,  and  obey  all 
orders  or  decrees  which  may  be  made  by  the  County  Judge  of  Albany  county 
in  regard  to  said  assignment,  then  this  obligation  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 

C.  D.  [  L.  s.  J 

B.    P.    [  L.   s.  ] 
p.    0.    [  L.    S.  1 


ISO.  ax 

APPROVAL  OF  COUNTY -JUDGE  INDORSED  ON  THE  FOREGOING  BOND. 

I  hereby  approve  of  the  form  and  sufficiency  of  the  within  instrument. 
May  16,  1800. 

a.  w., 

Albany  County  Judye. 


3Xo.    33. 

PETITION   THAT   ASSIGNEE   RENDER   HIS   ACCOUNT 

To  the  Hon.  G.  W.,  Albany  County  Judge : 

The  petition  of  P.  Q.,  of  the  city  of  Troy,  respectfully  shows  that  A.  B., 
of  the  viUage  of  West  Troy,  did,  by  an  instrument  in  writing  dated  May  10, 
1860,  duly  assign  and  set  over  all  his  property  to  C.  D.,  of  the  same  place,  as  his 
assignee  for  the  benefit  of  his  creditors,  and  that  the  said  C.  D.  has  given  and 
filed  the  proper  security,  and  entered  upon  the  duties  of  his  trust  as  such 
assignee,  and  that  more  than  one  year  has  elapsed  since  the  date  of  said 
assignment.  That  your  petitioner  is  a  creditor  of  the  said  A.  B.,  and  inte- 
rested in  the  distribution  of  the  proceeds  arising  from  said  assignment,  and 
he  asks  that  your  honor  Avill  issue  a  citation  or  summons,  compelling  the  said 
C.  D.,  assignee  as  aforesaid,  to  appear  before  you,  at  a  time  and  place  to  be 
named  in  said  summons  or  citation,  and  show  cause  why  an  account  of  the 
trust  fund  shall  not  be  made,  and  a  decree  rendered  directing  the  said  C.  D. 
to  pay  your  petitioner  his  proportional  part  of  such  fund  ;  and  that  such  other 
proceedings  may  be  taken  herein  as  to  your  honor  may  seem  just  and  equitable. 

P.  Q. 

Albany  County,  ss.  P.  Q.  being  sworn,  says  that  he  has  read  the  foregoing 
petition  by  him  subscribed,  and  that  the  facts  therein  stated  are  true,  except 
as  they  are  stated  on  information  and  behef,  and  as  to  those  matters  he 
believes  tliem  to  be  true. 

Sworn,  &c.  P.  Q. 


62  THE  CLERK'S  ASSISTANT. 

No.    33. 

SUMMONS   FOR   THE   ASSIGNEE. 

Albany  County,  ss.    To  0.  D.,  Esq. :    In  tlie  name  of  the  People  of  the 
State  of  New  York,  you  are  commanded  to  appear  before  me,  the  County 

Judge  of  Albany  county,  at  my  office  in  the  city  of  Albany,  on  the 

day  of ,  at  ten  o'clock  in  the  forenoon,  to  show  cause  why  an  account 

should  not  be  rendered  by  you  of  the  trust  fund  in  your  hands,  created  by  tJie 
assignment  of  A.  B.  to  you,  dated  May  10,  1860 ;  and  why  a  decree  should 
not  be  entered  requiring  that  the  funds  be  paid  over  to  the  several  persons 
entitled  to  receive  the  same. 

Hereof  fail  not  at  your  periu 

Albany,  May  .......  G.  W., 

Albany  Cownty  Judge. 


CHAPTER    V 

AUCTIONS. 

An  auctioneer  at  an  auction  sale,  to  a  certain  extent,  acts  as 
tlie  agent  both  of  the  seller  and  the  buyer.  The  seller  makes 
him  his  agent,  by  giving  him  directions  and  authorizing  him  to 
sell,  and  the  buyer  by  his  bid  authorizes  him  to  make  the  bar- 
gain for  the  purchase  of  the  goods.  Every  bid  of  any  one 
present  is  an  offer  by  him.  It  becomes  a  contract  as  soon  as  the 
hammer  fells,  or  the  bid  is  otherwise  accepted ;  but  until  it  is 
accepted  it  may  be  withdrawn  by  the  bidder,  because  until  then 
It  is  not  obligatory  on  him,  for  want  of  the  assent  of  the  owner 
of  the  property  by  his  agent,  the  auctioneer. 

K  an  auctioneer  does  not  disclose  the  name  of  the  owner  of 
the  property  which  he  sells,  he  is  himself  liable  to  an  action  by 
the  buyer  for  the  completion  of  the  contract.  And  it  would  be 
so  if  he  sold  or  warranted  without  authority.  But  if  he  has  the 
authority  of  the  owner  to  warrant  and  does  so,  disclosing  the 
name  of  the  owner,  he  is  himself  exonerated  from  the  war- 
ranty, and  the  owner  is  liable  upon  it.  And  he  has  such  a 
special  property  in  the  goods  that  he  may  bring  an  action  for  the 
price,  even  if  the  goods  be  sold  in  the  house  of  the  owner,  and 
were  known  to  be  his. 

It  is  the  duty  of  the  auctioneer  to  obtain  the  best  price  he 
fairl}^  can ;  to  comply  with  his  instructions  unless  they  would 
operate  a  fraud ;  to  pursue  the  accustomed  course  of  business, 
and  to  possess  a  competent  degree  of  skill;  and  if  he  foil  in 
either  of  these  particulars^  and  damage  ensues  to  the  owner,  he 
is  responsible  therefor. 

For  the  sale  of  such  goods  as  are  subject  to  auction  duties  in 
the  State  of  New  York,  it  is  necessary  that  the  auctioneer  should 
receive  a  license.  In  order  to  obtain  this,  it  is  necessary  that  he 
shall  have  entered  into  a  bond  to  the  People  of  this  State,  with 
two  sufficient  freeholders,  in  the  penalty  of  $10,000,  conditioned 


54  THE  CLERK'S  ASSISTANT. 

for  the  faithful  performance  of  the  duties  of  his  ofl&ce,  and  for 
the  payment  of  the  duties  that  are,  or  shall  be,  imposed  by  law, 
and  that  shall  accrue  on  sales  made  by  him  or  under  his  direction, 
by  virtue  of  his  oface.  Such  bond,  if  executed  by  an  auctioneer 
appointed  in  a  city,  shall  be  taken  and  approved  of  by  the 
Mayor  or  Kecorder  of  such  city ;  and  if  executed  by  an  auction- 
eer appointed  for  a  county,  by  any  Judge  of  the  County  Court 
of  such  county.  The  officer  taking  the  bond,  shall  indorse  upon 
it  a  certificate  of  his  approbation,  and  of  the  day  on  which  it  was 
taken,  and  shall  deliver  the  bond  thus  indorsed,  to  the  auctioneer 
by  whom  it  shall  have  been  executed,  who  within  ten  days  there- 
after shall  deliver,  or  cause  the  same  to  be  delivered,  to  the 
Comptroller.  And  every  officer  taking  such  bond,  shall,  without 
delay,  transmit  a  notice  to  the  Comptroller,  stating  the  name  of 
the  auctioneer  and  his  sureties  entering  into  the  bond,  and  the 
day  on  which  the  same  was  executed  and  approved.  Every 
auctioneer  in  the  city  of  New  York  shall,  within  ten  days  aft-er 
the  bond  required  by  law  shall  have  been  executed,  and  the  cer- 
tificate required  by  law  indorsed  thereon,  file  a  copy  thereof,  and 
also  a  copy  of  said  certificate,  certified  by  the  officer  taking 
the  bond,  with  the  Clerk  of  the  city  and  county  of  New  York. 
The  bond  must  be  renewed  on  or  before  the  first  Monday  of 
January,  in  each  and  every  year. 

Every  auctioneer,  in  case  of  his  inability  to  attend  an  auction, 
may  employ  a  copartner  or  clerk  to  hold  such  auction  in  his 
name  and  behalf;  such  copartner  or  clerk  having  previously 
taken  an  oath,  to  be  filed  with  the  clerk  of  the  county,  in  which 
such  auctioneer  shall  reside,  fully  and  faithfully  to  perform  the 
duties  incumbent  on  him  by  the  provisions  of  the  statute,  and 
which  oath  shall  contain  a  true  statement  of  the  connection  that 
exists  between  him  and  the  autioneer. 

Every  autioneer  who  shall  have  entered  into  the  bond  required 
by  law,  shall  make  out  in  writing  semi-annually,  on  the  first 
Mondays  of  July  and  January  in  each  year,  an  account,  and  shall 
therein  state  minutely  and  particularly :  1.  The  sums  for  which 
any  goods  or  effects  shall  have  been  sold  at  every  auction  held  by 
him  or  in  his  behalf,  from  the  time  of  his  entering  into  such  bond 
or  the  date  of  his  last  account :  2.  The  days  on  which  sales  were 
so  made,  and  the  amount  of  each  day's  sale,  designating  the  sales 


AUCTIONS.  65 

made  by  himself  or  in  bis  presence,  and  those  made  in  his 
absence  by  a  partner  or  clerk  acting  in  his  behalf,  and  specifying 
the  causes  of  such  absence.  3..  The  amount  of  all  private  sales 
made  by  himself  or  any  of  his  partners,  on  commission,  and  the 
days  on  which  such  sales  were  made.  4.  The  amount  of  the 
duties  cliargeable  under  the  provisions  of  this  title,  on  all  the 
sales,  public  and  private,  mentioned  in  the  account.  Such 
account,  within  twenty  days  after  the  day  on  which  it  is  dated, 
shall  be  exhibited  if  made  out  by  an  auctioneer  appointed  in  a 
city,  to  the  Mayor  or  Eecorder  of  such  city,  and  if  by  an  auc- 
tioneer- appointed  for  a  county,  to  any  Judge  of  the  County  Court 
of  such  county,  which  account  must  be  verified  by  the  oath  of 
the  auctioneer.  If  any  of  the  sales  have  been  made  by  a 
partner  or  clerk,  then  the  affidavit  of  such  partner  or  clerk  must 
be  added,  and  the  account  must  specify  what  articles  were  sold 
by  such  partner  or  clerk. 

Every  auctioneer,  within  ten  days  after  he  shall  have  exhibited 
his  account,  shall  pay  to  the  Treasurer  of  this  State,  for  the  use 
of  the  State,  the  duties  accrued  on  the  sales  mentioned  in  the 
account,  and  immediately  after  such  payment,  shall  deliver  or 
transmit  such  account,  with  the  affidavits  indorsed  thereon  and 
annexed  thereto,  to  the  Comptroller  to  be  filed  in  his  office.  The 
receipt  taken  on  the  payment  of  the  money  is  likewise  to  be 
transmitted  to  the  Comptroller. 

Auction  duties  are  to  be  paid  on  the  following  kinds  of  goods, 
and  at  the  following  rates:  1.  All  wines  and  ardent  spirits, 
foreign  or  domestic,  at  the  rate  of  one  dollar  on  every  one  hun- 
dred dollars  :  2.  All  goods,  wares,  merchandise  and  effects,  im- 
ported from  any  place  beyond  the  Cape  of  Good  Hope,  at  the  rate 
of  fifty  cents  on  every  one  hundred  dollars :  3.  All  other  goods, 
wares,  merchandise  and  effects,  which  are  the  production  of  any 
foreign  country,  at  the  rate  of  seventy -five  cents  on  every  one 
hundred  dollars.  The  duties  shall  be  calculated  on  the  sums  for 
which  the  goods  so  exposed  to  sale,  shall  be  respectivelj  struck 
off,  and  shall  in  all  cases  be  paid  by  the  person  making  the  sale. 
If  the  goods  sold  are  own(.;d  by  the  auctioneer,  or  are  bid  off  by 
the  owner,  they  shall  nevertheless  be  subject  to  auction  duties. 

But  goods  and  chattels  otherwise  liable  to  the  auction  duties 

shall  be  exempt  therefrom,  if  tbey  shall  be  sold  under  the  fol- 
9 


66  THE  CLERK'S  ASSISTANT. 

lowing  circumstances :  1.  If  they  shall  belong  to  the  Unitea 
States  or  to  this  State :  2.  If  they  shall  be  sold  under  any  judg- 
ment or  decree  of  any  court  of  law  or  equity,  or  under  a  seizure 
by  any  public  ofl&cer,  for,  or  on  account  of  any  forfeiture  or  pen- 
alty ;  or  under  a  distress  for  rent :  3.  If  they  shall  belong  to  the 
estate  of  a  deceased  person,  and  be  sold  by  his  executors  or 
administrators,  or  by  any  other  person  duly  authorized  by  a  sur- 
rogate :  4.  If  they  shall  be  the  effects  of  a  bankrupt  or  insol' 
vent,  and  be  sold  by  his  assignees  appointed  pursuant  to  law,  or 
by  a  general  assignment  for  the  benefit  of  all  the  creditors  of 
such  bankrupt  or  insolvent :  5.  If  they  shall  be  goods  damaged 
at  sea,  and  be  sold  witliin  twenty  days  after  they  shall  have  been 
landed,  for  the  benefit  of  the  owners  or  insurers.  And  no  auc- 
tion duties  shall  be  payable  upon  the  following  goods  and  articles : 
1.  Ships  and  vessels  :  2.  Utensils  of  husbandry,  horses,  neat 
cattle,  hogs  and  sheep :  3.  Articles  of  the  growth,  produce  and 
manufacture  of  the  United  States  except  distilled  spirits. 

All  sales  at  public  auction  in  the  city  of  New  York  not  under 
the  authority  of  the  United  States,  and  all  such  sales  in  other 
parts  of  the  State  where  duties  are  payable  on  the  effects  to  be 
sold,  shall  be  made  by  an  auctioneer  who  sliall  have  given  the 
security  required  by  the  statute,  or  by  a  copartner  or  clerk  of  an 
auctioneer  duly  authorized  under  the  provisions  of  the  statute ; 
but  where  no  duties  are  payable,  all  such  sales  except  in  the  city 
of  New  York,  may  be  made  by  any  citizen  of  this  State. 

Every  auctioneer  in  the  city  of  New  York  shall,  under  his  own 
proper  name,  give  previous  notice  in  one  or  more  of  the  public 
newspapers  printed  in  the  said  city,  of  every  auction  sale  that 
shall  be  lawfully  made  by  him ;  and  in  case  he  shall  be  connected 
with  any  person  or  firm,  his  name  shall  in  all  cases  precede  sep- 
arately and  individually  the  name  of  such  person  or  the  title  of 
the  firm  under  which  he  transacts  business. 

No  auctioneer  shall  demand  or  receive  a  higher  compensation 
for  his  services,  than  a  commission  of  two  and  one  half  per  cent 
on  the  amount  of  an}^  sales,  public  or  private,  made  by  him, 
unless  by  virtue  of  a  previous  agreement  in  writing,  between 
him  and  the  owner  or  consignee  of  the  o-oods  or  effects  sold. 


FORMS. 


No.    1. 

BOND   OF   AUCTIONEER. 

Know  all  men  by  these  presents:  That  we,  A.  M.,  G.  N.,  and  E.  0.,  of  the 
eity  of  Troy,  county  of  Rensselaer,  merchants,  are  held  and  firmly  bound 
unto  the  People  of  the  State  of  New  York,  in  the  sum  of  §10.000,  to 
be  ]  laid  to  the  said  the  people,  &c. :  for  which  payment  well  and  truly  to  be 
made,  we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.  Sealed  with  our  seals,  and  dated  this  1st 
day  of  January,  1859. 

The  condition  of  this  obligation  is  such,  that  if  the  above  bounden  A.  M., 
shall  well,  truly  and  fiithfuUy  perform  the  duties  of  his  office  as  an  auctioneer  in 
and  for  the  city  of  Troy  (or  the  county  of  Rensselaer),  and  pay  to  the  proper 
officer  the  duties  that  are,  or  shaU  be  imposed  by  law,  and  that  shall  accrue  on 
sales  made  by  him  of  under  his  direction,  by  virtue  of  his  oflflce ;  and  shall  ren- 
der a  true  account,  semi-annually,  of  all  goods  sold  or  struck  off  by  him,  in  the 
form  and  manner  required  by  the  statute,  then  the  above  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  virtue. 

A.  M.  [l.  s.] 
C.  N.  [l.  s.j 
E.  0.    [l.  s.] 


:!Vo.   ». 

CERTIFICATE    OF   ACKNOWLEDGMENT    AND    APPROVAL. 

State  of  New  Tork,  City  of  Troy  (or  County  of  Rensselaer)^  ss.  On  this  1st 
day  of  January,  1859,  before  me  came  the  above  named  A.  M.,  0.  N.  and  E.  0., 
to  me  severally  known  to  be  the  persons  described  in  and  who  executed  the 
foregoing  bond  and  severally  acknowledged  the  execution  thereof,  and  I  further 
certify  that  I  approve  of  the  said  bond  as  to  the  form  and  sufficiency  thereof 
for  the  purpose  therein  mentioned. 

L.  S.  Recorder  of  said  city,  (or  Rensselaer  County  Judge.) 


ISo.    3. 

CERTIFICATE    FOR   THE    COMPTROLLER    INDORSED    ON    A    COPY. 

City  of  Trrjy^  ss.  I  hereby  certify  that  the  within  is  a  true  copy  of  a  bond 
taken  and  approved  by  me,  and  of  the  certificate  of  acknowledgment  and  ap- 
proval thereon  indorsed  by  me,  and  of  the  whole  of  said  bond  and  certificate, 
aiM'  that  said  certificate  was  executed  the  day  it  bears  date. 

L.  S.,  Record  or  dtc 


68  THE  CLERK'S  ASSISTANT. 

I^^o.    4. 

CERTIFICATE    TO    COMPTROLLER ANOTHER   FORM. 

I  hereby  certify  that  on  the  1st  day  of  January,  1859,  I  approved  a  bond 
for  A.  M.,  as  auctioneer  of  the  city  of  Troy  {or  of  the  county  of  Rensselaer), 
and  that  the  sureties  entering  into  the  said  bond,  were  C.  N.  and  E.  0.,  botli 
merchants  residing  and  doing  business  in  the  city  of  Troy. 

Dated  January  1st,  1859.  L.  S.,  Recorder   &c. 


ISO.    5. 

OATH    OF   CLERK    OF   AUCTIONEER. 

State  of  Neiu  York,  City  of  Troy,  ss.  I,  R.  S.,  do  solemnly  swear  that  1 
am  a  Clerk  of  A.  M.,  auctioneer  of  the  city  of  Troy,  hired  and  employed  by 
him  in  that  capacity,  and  that  I  will  fully  and  faithfully  perform  the  duties  in- 
cumbent on  me  as  such  Clerk,  by  the  provisions  of  title  II,  of  chapter  17,  of 
part  II,  of  the  Revised  Statutes  of  the  State  of  New  York,  and  of  all  laws 
passed  or  to  be  passed  amendatory  thereof. 
Sworn  before  me  this  )  R-  S. 

January  2,  1859,      ] 

B.  D.,   Com.  of  Deeds. 


OATH  OF  AUCTIONEER  TO  ACCOUNT. 

State  of  New  York,  City  of  Troy,  ss.  I,  A.  M.,  do  solemnly  and  sincerely 
swear  (or  affirm)  that  the  account  now  exhibited  by  me,  and  to  which  I  have 
subscribed  my  name,  contains  a  just  and  true  account  of  all  the  goods,  wares, 
merchandise  and  effects,  sold  or  struck  off,  or  bought  in  by  me,  at  pubhc 
sale,  or  sold  by  me  at  private  sale  on  commission,  whether  subject  to  duty  or 
not,  or  sold,  struck  off,  or  bought  in  as  aforesaid,  by  others  in  my  name,  or 
under  my  direction,  pr  for  my  benefit,  within  the  time  mentioned  in  the' 
within  account ;  and  of  the  days  upon  which  the  same  were  respectively 
sold,  and  that  I  have  attended  personally,  such  of  the  said  public  sales  as  are 
not  stated  in  the  said  account  to  have  been  made  without  my  attendance ; 
and  that  the  causes  therein  mentioned,  of  my  absence  from  such  sales  when 
I  did  not  attend  are  truly  stated ;  that  I  have  examined  the  entries  of  all 
the  sales  mentioned  in  said  account  in  the  book  kept  by  me  for  that  pur- 
pose, and  fully  believe  this  account  to  be  in  all  respects  correct ;  and  further, 
that  I  have  during  the  time  therein  mentioned,  conformed,  in  all  things,  to  the 
true  intent  and  meaning  of  the  laws  regulating  sales  by  auctioneers,  accord- 
ing to  the  best  of  my  knowledge,  information  and  behef 
Sworn  {or  affirmed)  before  me  )   '  A.  M. 

this  1st  day  of  Jan.,  1859,      ) 

L,  B.,  Recorder  of  Troy. 


ISo.    <7 . 

OATH    OF   auctioneer's    CLERK. 


State  of  New  York  City  of  Troy,  ss.  G.  M.,  being  duly  sworn  deposes 
and  says  that  he  is  Clerk  of  the  witliin  named  A.  M.,  auctioneer,  as  there- 
in described,  and  has  been  such  Clerk  for  six  months  last  past;  that  he  has 


AUCTIONS.  69 

read  the  foregoing  account  subscribed  by  the  said  A.  AI.,  and  that  he  beheves 
the  account  so  rendered  to  be  just  and  true  in  every  particular;  that  all 
the  sales  therein  mentioned  as  having  been  made  by  this  deponent^  were 
so  made,  and  none  others;  and  that  all  the  sales  liable  to  auction  duties, 
public  or  private,  made  by  this  deponent,  are  therein  truly  and  correctly 
set  forth,  as  to  the  time  of  such  sales  and  the  amount  or  price  for 
which  the  several  articles  were  sold ;  that  such  sales  were  made  by  this  depo- 
nent in  the  absence  of  such  auctioneer,  who  was  unable  to  attend  from  the 
causes  specified  in  his  account;  and  that  in  all  acts  performed  by  him,  in  be- 
half of  such  auctioneer,  during  the  time  aforesaid,  he  endeavored  to  conform  to 
the  true  intent  and  meaning  of  the  laws  regulating  sales  by  auctioneers. 
Sworn,  &c.  *J-  ^I- 


No.    8. 

CERTIFICATE    OF    BOARD    OF    PORT    WARDENS. 

The  undersigned  composing  the  Board  of  Port  Wardens  of  the  port  of  New- 
York  {or  Brooklyn)  certify,  hereby,  that  the  goods  mentioned  in  the  annexed 
invoice,  being  part  of  the  cargo  of  the  Susan  from  Canton,  China,  to  New 
York  (or  Brooklyn)  which  ship  arrived  in  port  April  3,  1859,  were  duly  ex- 
amined by  C.  Gr.,  a  member  of  said  Board  at  the  proper  time,  to  wit:  on 
the  3d  instant,  and  in  a  proper  manner,  and  that  the  said  goods  were  damaged 
at  sea  upon  the  voyage  of  importation,  so  as  in  the  opinion  of  said  Board  of 
Wardens  to  be  entitled  to  be  sold  at  auction  as  damaged  goods,  and  be  exempt 
from  the  payments  of  auction  duties,  according  to  the  provisions  of  the  statute 
in  such  case  made  and  provided. 

Witness  our  hands  at  the  port  of  New  York  {or  Brooklyn)  this  4th  day  of 
April,  1859. 

J-    Q-  \  Port    Wardens  of  Neio    York 
^^^\  (or  BrooUyn). 


avo.  9. 

OATH   OF   PRESIDENT   OR   SECRETARY   OF   INSURANCE   COMPANY. 

State  of  New  Torh,  Citij  and  County  of  New  York,  ss.  J.  S.,  being 
duly  sworn  says  that  he  is  the  President  (or  Secretary)  of  the  Marine 
Insurance  Company,  in  the  city  and  county  of  New  York,  in  which  said 
company,  the  goods  mentioned  and  referred  to  in  the  foregoing  invoice 
were  insured,  that  said  goods  were  so  insured  in  said  company  by  L.  jD.,  the 
owner  (or  consignee)  thereof,  for  and  during  the  voyage,  for  the  sum  of  $3,000. 

Sworn,  &c.  J-  S. 


CHAPTER  VI. 


BANKS   AND   CORPORATIONS. 


CorpoTatioiis  are  created  by  the  Legislature,  either  by  a  spe- 
cific act  or  by  a  general  act.  Under  the  present  Constitution 
of  this  State,  corporations  shall  not  be  created  by  special  act,  ex- 
cept for  municipal  purposes,  and  in  cases  where,  in  the  judgment 
of  the  Legislature,  the  objects  of  the  corporation  cannot  be  at 
tained  under  general  laws. 

Corporations  are  divided  into  aggregate  and  sole,  public  and 
private.  An  aggregate  corporation  is  one  composed  of  a  plu- 
rality of  individuals,  united  in  a  society.  A  corporation  sole,  is 
one,  of  which  the  rights  and  privileges  are  vested  in  an  indivi- 
dual, and  in  the  successors  of  such  individual.  Public  corpora- 
tions are  such  as  are  created  by  the  law,  for  promoting  the  good 
government  of  counties,  cities,  towns,  villages,  &c.,  and  the  whole 
interest  in  them  belongs  to  the  public,  because  they  are  created 
for  the  public  good.  Private  corporations  are  such  as  are  created 
for  the  benefit  of  individuals,  in  their  private  capacity,  and  may 
be  divided  into  civil  and  eleemosynary.  Civil  corporations  are 
such  as  banking,  insurance,  canal,  bridge  and  turnpike  companies, 
of  which  the  stock  is  owned  by  private  individuals.  Eleemosy- 
nary corporations  are  constituted  for  the  distribution  of  the  bounty 
of  the  founders,  such  as  institutions  for  the  promotion  of  learn- 
ing or  benevolence,  as  colleges,  schools  and  hospitals. 

The  ordinary  incidents  of  a  corporation  are ;  1st,  to  have  succes* 
sion,  perpetually  or  for  the  time  limited  in  its  charter,  and  to  have 
the  power  of  electing  members  in  the  room  of  those  removed  by 
death  or  otherwise :  2d.  To  sue  and  be  sued,  to  grant  and  re- 
ceive by  their  corporate  name:  3d.  To  purchase  and  hold 
personal  and  real  real  property :  4th.  To  have  a  corporate  seal : 
5th.  to  make  laws  for  the  government  of  the  corporation: 
6th.  To  appoint  subordinate  officers  and  agents :  7th.  The  power 
of  amotion  or  removal  of  members. 


BAXKS  AND  CORPORATIONS.  7] 

The  duty  of  the  corporation  is  to  act  in  conformity  with  the 
end,  for  which  it  was  established ;  and  it  may  be  dissolved  by 
statute,  by  the  death  of  all  its  members,  by  surrender  of  its  fran- 
chises, or  by  forfeiture  of  its  charter  throug-h  the  negligence  or 
abuse  of  its  franchises. 

The  following  are  some  of  the  general  laws  in  regard  to  cor- 
porations, they  are  to  be  found  in  the  second  volume  of  the 
Revised  Statutes,  fifth  edition ;  Turnpike  Companies,  p.  477 ; 
Moneyed  Corporations,  p.  517;  Banking  Associations  and 
Bankers,  p.  551 ;  General  Powers,  Privileges  and  Liabilities  of 
Corporations,  p.  596 ;  Religious  Societies,  p.  604 ;  Benevolent, 
Charitable,  Scientific  and  Missionary  Societies,  p.  623;  Ceme 
teries,  p.  626 ;  Liljrar}'  Companies,  636  ;  Medical  Societies,  p.  646  ; 
Manufacturing  Companies,  p.  652 ;  Railroad  Companies,  p.  6Q6 ; 
Villages,  p.  701 ;  Bridge  Companies,  p.  732 ;  Insurance  Com- 
panies, p.  743 ;  Building  Companies,  p.  785 ;  Ferry  Companies, 
p.  807  ;  Agricultural  and  Horticultural  Societies,  p.  817. 

Special  charters  for  banking  purposes  cannot  be  grante4  ;  but 
corporations  or  associations  may  be  formed  for  such  purposes 
under  general  laws.  The  suspension  of  specie  payments,  by 
any  person,  association  or  corporation  issuing  bank  notes  of  any 
description,  cannot  be  sanctioned  in  any  manner  directly  or  in- 
directly. All  bills  or  notes  issued  or  put  in  circulation  as  money 
mUvSt  be  registered,  and  amply  secured  for  the  redemption 
of  the  same  in  specie,  and  in  case  of  the  failure  or  insolvency  of 
the  bank  or  banking  association,  the  billholders  thereof,  shall  be 
entitled  to  preference  in  payment,  over  all  other  creditors  of  such 
bank  or  association. 

The  stockholders  in  every  corporation  and  joint  stock  associa- 
tion for  banking  purposes,  issuing  bank  notes  or  any  kind  of  pa- 
per credits  to  circulate  as  money,  are  individually  responsible  to 
the  amount  of  their  respective  share  or  shares  of  stock  in  any 
such  corporation  or  association,  for  all  its  debts  and  liabilities  of 
every  kind  contracted  since  the  1st  day  of  January,  1850. 


FORMS. 


ISO.    3.. 

REGULATIONS  ADOPTED  BY  THE  SUPERINTENDENT  OF  THE  BANKING  DEPARTMENT, 
IN  RELATION  TO  THE  RECEPTION  OF  BONDS  AND  MORTGAGES  AS  SECURITY  FOR 
CIRCULATING   NOTES. 

The  law  requires  all  bonds  and  mortgages,  deposited  with  the  superinten- 
dent by  banking  associations  and  individual  bankers  as  security  for  the  issue 
to  them  of  circulating  notes,  to  be  upon  improved,  productive  and  unincum- 
bered lands  within  this  State,  to  bear  an  interest  of  not  less  than  seven  per  cent 
per  annum,  and  to  be  for  an  amount  not  exceeding  two-fiftlis  of  the  value  of 
the  mortgaged  premises,  exclusive  of  any  buildings  thereon.  The  law  further 
requires  that  such  mortgages  shall  be  payable  within  such  time  as  the  superin- 
dent  may  direct,  and  that  no  mortgage  can  be  taken,  in  any  case,  for  a  greater 
amount  than  five  thousand  dollars. 

The  statute  thus  leaves  a  discretion  with  the  superintendent  as  to  the  amount 
of  security  he  will  receive  upon  lands,  provided  such  security  does  not  exc-eed 
two-fifths  of  the  value  ;  such  discretion  to  be  exercised  and  governed  by  the 
'peculiar  circumstances  of  the  particular  case 

The  law  requii'ing  the  lands  to  be  improved  and  productive,  the  valuation  at 
which  the  lands  are  taken,  will  not  be  permitted  to  include  any  wild  or  timber 
lands  beyond  what  may  be  reasonably  required  for  the  fuel  and  fencing  pur- 
poses of  the  improved  and  cultivated  farming  land  with  Avhich  they  are  con- 
nected. 

Vacant  village  and  city  lots  will  not  be  construed  as  improved  and  produc- 
tive lands  within  the  requirements  of  the  law.  Neither  will  mortgages  be 
received  upon  any  village  and  city  lots  which  are  situated  upon  streets  the 
grading,  paving,  guttering  and  flagging  of  which  have  not  been  completed  and 
are  still  liable  for  assessments  for  such  purposes. 

All  mortgages  must  contain  a  full  and  specific  description  of  the  premises 
mortgaged.  General  descriptions  giving  merely  the  names  of  the  occupants 
or  owners  of  the  adjoining  lands  will  not  be  considered  suflScient. 

Bonds  and  mortgages,  having  more  than  one  year  fo  run  before  expiration 
of  time  for  payment  must  contain  an  express  covenant  and  stipulation  that  in 
case  the  banking  association  or  individual  banker,  for  the  security  of  whose 
circulating  notes  the  same  maj''  he  deposited,  shall  at  any  time  refuse  or  neg- 
lect to  redeem  any  of  their  circulating  notes  on  demand,  then  and  in  such  case 
the  whole  amount  of  the  principal  and  interest  unpaid  on  such  bond  and  mort- 
gage shall  immediately  become  due  and  payable,  in  the  same  manner  and  to 
the  same  extent  as  if  the  full  time  specified  in  such  bond  and  mortgage  for  the 
payment  of  the  moneys  secured  thereby  had  expired. 

Every  mortgage  should,  Avith  the  papers  accompanying  it,  exhibit  a  perfect 
security,  by  itself,  as  to  title,  freedom  from  incumbrance,  value  of  the  land, 
assignment  to  the  superintendent  of  the  banking  department,  notice  thereof  to 
the  mortgagor  or  his  consent  thereto,  and  affidavit  of  the  mortgagor  that  the 
title  to  the  property  mortgaged  is  good  and  valid  in  him,  that  he  is  in  actual 


BANKS  AND  CORPORATIONS.  7^5 

possession  of  the  premises,  and  that  his  title  or  possession  has  never  been  dis- 
puted or  questioned,  and  a  stipulation  or  consent,  signed  by  him  and  duly 
acknowledged,  specifying  the  amount  due  and  unpaid  thereon,  over  and  above 
all  oH'sets  and  legal  or  equitable  defenses. 

All  mortgages  and  assignments  of  the  same  must  be  duly  acknowUdged 
and  recorded.  The  bond  must  be  executed  in  the  presence  of  a  subscnbmg 
witness,  and  all  erasures  and  interlineations  in  the  bond  or  mortgage  must  be 
properly  and  fully  noted  before  execution. 

The  title  should  appear,  by  an  abstract  thereof  under  the  official  certificate 
of  the  county  clerk,  deduced  from  some  known  and  undisputed  source,  and 
must  be  of  the  whole,  not  an  undivided  interest,  or  tenancy  in  common  or 
joint  tenancy  with  others.  In  giving  the  abstract  of  title,  the  consideration 
specified  in  the  several  deeds  abstracted  should  be  distinctly  stated. 

When  the  title  is  traced  by  descent,  full  and  particular  proof  by  affidavit  of 
all  the  facts  showing  the  legal  transfer  of  title  by  operation  of  law,  will  be 
required.  An  affidavit  stating  merely  that  certain  persons  named  were  the 
only  heirs  of  the  intestate,  will  not  be  considered  sufficient.  The  special  facts 
by  nature  of  which  the  heirship  is  claimed  must  be  stated.  When  title  by 
descent  is  traced  by  a  collateral  relation  from  an  unmarried^  femalc._it_  should 
be  proved  that  she  has  not  had  any  illegitimate  children  (See  ch.  547,  Laws 
of  1855).  In  all  cases  of  conveyances,  appearing  on  the  search  to  have  been 
executed  by  a  grantor,  without  joining  husband  or  wife,  it  must  be  shownby 
affidavit  that  the  grantor  at  the  execution  of  such  conveyance  was  unmarried. 
The  mortgage  is  required  to  be  on  unincumbered  real  estate,  and,  therefore, 
all  rights  of  dower  and  other  life  estates  or  interests  in  the  whole,  or  any  part 
of  the  mortgaged  premises,  whether  inchoate  or  depending  on  a  contingency, 
in  behalf  of  any  person  not  a  party  to  the  mortgage,  must  be  released  or  satis- 
factorily proved  to  have  been  in  some  manner  legally  discharged. 

The  certificate  of  the  County  Clerk  accompanying  the  mortgage,  must  al^o 
show  a  full  search  for  all  deeds,  leases,  releases  and  conveyances; 

All  mortgages  to  individuals  and  corporations,  and  to  commissioners  of 
loans,  or  loan  officers  for  the  loans  of  1792  and  1808,  and  to  the  commissioners 
for  loaning  the  United  States  Deposit  Fund,  under  the  act  of  April  4th,  1837, 
and  to  the  State,  and  abstracts  of  mortgages  to  the  State.  (An  index  and 
statement  of  State  mortgages  was  furnished  by  the  Secretary  of  State  to  the 
loan  commissioners  of  the  several  counties,  which  is  generally  filed  in  the 
clerk's  office  with  the  book  of  mortgages  to  said  commissioners); 

All  agreements  and  contracts ; 

All  affidavits  and  other  papers  on  the  foreclosure  of  a  mortgage  by  adver- 
tisement, and  certificates  of  redemption  of  mortgage  sales  recorded  under  chap. 
410  of  the  Laws  of  1837,  and  the  amendments  thereto ; 

All  marshals  and  sheriffs'  certificates  of  sale ; 

All  mechanics  and  laborers'  liens; 

All  tax  sales  by  the  Comptroller  in  appendix  E.  of  the  Assembly  Journal  of 
1820  and  Vol.  V.  of  Assembly  Documents  of  1835,  and  statements  of  Comp- 
trollers' tax  sales  of  1834,  1839,  1843,  1848  and  1853; 

All  assignments  and  transfers  by  any  person  or  corporation  of  any  of  the 
above  instruments; 

All  assignments  for  the  benefit  of  creditors,  and  under  the  two-third  act, 
and  to  receivers  by  order  of  a  court  or  judge,  and  all  other  assignments ; 

All  wills  and  codicils  ; 

All  powers  of  attorney  and  revocation  of  i)owers  of  attorney  ; 

All  notices  of  lis  pendens  ; 

All  bonds  by  collectors  of  taxes  and  their  sureties  within  three  years  from 
the  date  of  the  search  (see  1  R.  S.,  p.  346,  sections  19  and  20) ; 

All  memoranda,  filed  by  mutual  insurance  companies,  of  deposit  notes  of 
stockholders  in  said  companies;  (see  Laws  of  1836,  chap.  41,  sec.  8,  Act 

10 


74  THE  CLERK'S  ASSISTANT. 

incorporating  "  The  Jefferson  County  Mutual  Insurance  Company,"  and  also 
other  Uke  acts  of  incorporation  subsequently  passed) ; 

All  judgments  and  decrees,  and  all  transcripts  of  judgments  and  decrees,  for 
ten  years  immediately  preceding  the  date  of  the  certificate  of  search  ; 

All  entries  of  priority  of  certain  judgments  over  mortgages  and  other  judg- 
ments pursuant  to  the  laws  regulating  the  collection  of  taxes  (see  sections  71. 
72,  73  and  74,  chap.  298,  Laws  of  1850) ; 

All  other  liens  and  incumbrances  filed,  recorded  or  docketed  in  his  office. 

The  certificate  must  also  state  the  consideration  of  all  deeds,  contracts,  con- 
veyances and  mortgages,  and  whether  the  deeds  are  quit-claim,  warranty,  cove- 
nant against  grantors'  acts,  full  covenant,  executors',  administrators',  trustees', 
sheriffs',  referees',  master:^',  receivers',  guardians',  or  other  special  deeds  ;  and  if 
any  of  the  conveyances  are  not  absolute,  or  contain  conditions,  reservations, 
trust  clauses,  provisos  (other  than  the  usual  mortgaged  provisions),  or  convey 
less  than  a  fee  simple,  or  are  ambiguous  or  uncertain  in  their  description  of  the 
premises,  or  are  acknowledged  informally  or  defectively,  those  clauses  and 
parts  should  be  copied  in  full. 

The  clerk  must  also  certify  that  he  has  searched  the  records,  files,  dockets  and 
all  other  documents,  books  and  papers  in  his  office,  according  to  such  directions. 

In  cities  and  villages,  lots  liable  to  be  assessed  and  sold  for  local  taxes,  or 
for  any  purpose,  it  should  appear  by  a  certificate,  from  the  persons  or  officers 
having  charge  of  the  records  or  proceedings,  that  the  premises  are  free  from 
such  liens,  and  that  the  assessments  thereon  have  all  been  paid. 

An  affidavit  of  the  mortgagor,  that  he  has  never  been  sued  in  any  of  the 
United  States  courts  in  this  State,  will,  in  general,  be  satisfactory  as  to  him. 

The  appraisal  of  the  premises  must  be  made  under  oath,  by  at  least  two  of 
the  persons  selected  by  the  Superintendent  to  appraise  lands  in  the  county  in 
which  the  premises  are  situate. 

Such  appraisal  must  give  a  description  of  the  mortgaged  premises,  and  the 
number  of  acres  included  therein ;  the  proportion  or  amount  of  improved  and 
productive  lands  included  therein,  and  the  amount  and  character  of  timbered 
or  unimproved  lands ;  the  character  and  description  of  the  buildings  and  im- 
provements upon  the  premises,  and  the  state  of  cultivation  in  which  it  is 
found.  Such  appraisal  must  also  clearly  specify  the  value  of  the  land,  exclu- 
sive of  the  buildings  and  perishable  improvements:  the  fair  value  of  the  bijild- 
ings  alone,  and  also  the  fair  cash  value  of  the  premises  as  they  are,  including 
the  buildings  and  improvements.  If  rented,  what  is  the  annual  rent;  and  if 
not  rented,  what  would  be  the  fair  annual  rent  thereof,  exclusive  of  taxes.  If 
the  premises  comprise  one  or  more  city  lots,  the  appraisal  must  show  the  sit- 
uation of  the  streets  in  the  vicinity  of  the  lots  as  to  grading,  curbing,  gutter- 
ing and  flagging;  what  is  the  character  and  nature  of  the  buildings  and  im- 
provements upon  the  premises ;  for  what  purpose  the  same  are  occupied ;  at 
what  rent  the  same  are  let,  and  what  is  the  fair  annual  rent  thereof. 

In  all  cases  where  the  mortgagor  is  not  unmarried,  or  a  trustee,  his  wife 
must  join  in  the  execution  thereof;  and  proof,  by  affidavit  or  otherwise,  that 
he  is  a  trustee  or  unmarried,  must  accompany  the  papers. 

When  conveyances  are  made  by  trustees,  executors,  administrators,  devisees 
or  heirs  at  law,  the  official  authority  must  in  each  case  be  clearly  shown. 

Mortgages  held  in  trust  for  one  bank  will  not  be  transferred  to  the  account 
of  another  institution.  When  such  transfer  is  desired,  the  mortgage  will  be 
reassigned  to  the  president  of  the  institution  in  trust  for  which  it  is  held,  and 
when  again  presented  for  reception  will  be  examined  and  passed  upon  in  the 
same  manner  as  if  it  was  a  new  mortgage,  and  had  not  been  in  the  depart- 
ment, and  a  reappraisal  will  be  required. 

Blank  forms  will  be  furnished  on  application,  at  this  Department,  and  it  is 
desirable  that  such  forms  should  be  used  in  all  cases. 

Bank  Department,  Albany,  /  M.  S..  Svperintendent 

August  3d.  1855.      "    I 


BANKS  AND  CORPORATIONS.  75 

No.    3. 

CERTIFICATE   OF   ORGANIZATION   OF   A   BANKING   ASSOCIATION,    TO   BE   RECORDED 

AND    FILED. 

To  all  to  whom  these  presents  shall  come,  Greeting : 

We,  whose  hands  and  seals  are  hereunto  subscribed,  having  associated  our- 
selves under  and  pursuant  to  the  act  of  the  Legislature  of  the  State  of  New 
York,  passed  April  18th,  1838,  entited  "An  act  to  authoiize  the  business  of 
banking,'"  and  the  several  acts  amendatory  thereof,  to  establish  an  office  of 
discount,  deposit  and  circulation,  and  carry  on  the  business  of  banking,  do 
hereby  certify : 

1.  That  the  name  assumed  to  distinguish  such  association  and  to  be  used  in 
its  dealings,  is 

2.  The  operations  of  discount  and  deposit,  of  such  association,  are  to  be  car- 
ried on  in  the  city  of  Troy,  in  the  county  of  Rensselaer,  in  the  State  of  New 
York. 

3.  The  amovmt  of  the  capital  stock  of  such  association  is  $300,000,  and  the 
same  is  divided  into  three  thousand  shares  of  $100  each  (and  in  the  articles 
of  association  provision  is  made  authorizing  an  increase  of  such  capital,  and 
of  the  number  of  associates,  from  time  to  time,  as  may  be  deemed  proper,  to 
an  amount  not  exceeding  .?500,000  in  the  aggregate). 

4.  The  names  and  places  of  residence  of  the  shareholders,  and  the  number 
of  shares  held  by  each  of  them  respectively,  fully  appear  by  the  signatures 
and  subscriptions  hereto : 

5.  The  period  at  which  such  association  shall  commence  is  the  10th  day  of 
March,  1858,  and  the  period  at  which  the  same  shall  terminate,  is  the  lOtli 
day  of  March,  1898. 

In  testimony  whereof,  we  have,  on  the  10th  day  of  January  in  the  year 
1858,  hereto  respectively  subscribed  our  hands  and  seals,  and  specified  our 
respective  places  of  residence,  and  the  number  of  shares  of  the  capital  stock 
of  the  association  aforesaid,  taken  and  held  by  each  of  us  respectively. 

Name.  I      Seal.      I      Residence.      I      Number  of  Shares. 

( The  execution  should  be  duly  proved  or  acknowledged,  before  an  officer 
authorized  to  take  acknowledgment,  in  the  same  manner  as  a  deed.) 


i»ro.  3. 

CERTIFICATE   OF   AN   INDIVIDUAL    BANKER. 

To  all  to  whom  these  presents  may  come.  Greeting: 

Under  and  in  pursuance  of  the  requirements  of  the  act  of  the  Legislature 
of  the  State  of  New  York,  passed  April  ISth,  1838,  entitled  "An  act  to  au- 
thorize the  business  of  banking,"  and  the  several  acts  amendatory  thereof,  I, 
the  undersigned,  residing  at  the  city  of  Schenectady  in  the  county  of  Schen- 
ectady, in  the  State  of  Ne^v  York,  do  hereby  certify  that  I  intend  to  establish 
an  office  of  discount,  deposit  and  circulation,  and  carr}'-  on  the  business  of  bank- 
ing under  the  general  Banking  Law  of  this  State,  as  an  individual  banker,  at 
the  city  of  Schenectady  in  the  county  of  Schenectady,  in  the  State  of  New 
York  aforesaid.  That  the  name  assumed  by  me  as  the  name  and  title  of  the 
bank  under  which  such  busmess  is  to  be  conducted,  is  ''The  Morris  Bank." 
That  M.  P.,  residing  in  the  city  of  Schenectady  aforesaid  is  or  will  be  interested 
with  me  as  such  banker  in  the  business-  aforesaid ;  and  that  no  other  person 
b.nr,  any  interest  whatever  with  me,  either  directly  or  indirectly,  in  the  secu- 
"•ities  deposited  or  to  be  deposited  by  me  with  the  Superintendent  -ander  the 


76  THE  CLEEK'S  ASSISTANT. 

provisions  of  the  act  aforesaid,  or  in  the  business  so  to  be  transacted  as  such 
individual  banker  as  aforesaid,  or  the  benefits  or  advantages  thereof. 

In  testimony  whereof,  I  have  hereto  set  my  hand  tliis  2d  dav  of  Marcn,  m 
the  year  1859. 

M.  M.  [l.  s.] 
[^Add  acknowledgment  as  in  case  of  deeds.) 


ISO.    4. 

CERTIFICATE  OF  RESIDENCE  OF  INDIVIDUAL  BANKER  BY  COUNTY  JUDGE,  COUNTY 
CLERK,  JIATOR  OR  SUPERVISOR,  OF  THE  CITY  OR  TOWN  IN  WHICH  THE  BANK 
IS    TO    BE    LOCATED. 

State  of  New  York,  City  and  County  of  Schenectady,  ss.  I,  the  under- 
signed Mayor  of  tlie  city  of  Schenectady,  county  aforesaid  (or  other  officer 
specifying  it,  as  the  case  may  be)  do  hereby  certify  that  I  am  well  acquainted 
with  M.  M.,  the  party  named  in,  and  who  has  executed  the  annexed 
certificate  of  his  intention  to  establish  an  Individual  Bank,  and  have  been 
so  acquainted  with  him  for  at  least  ten  years  last  past,  and  that  the  said  M.  M. 
is  now  and  has  been  for  eight  years  last  past  an  actual  resident  of  the  city  of 
Schenectady  in  said  county. 

Dated  at  Schenectady,  this  3d  day  of  March,  1859. 

B.  B.,  Mayor,  &c 


ISO.    5. 

CERTIFICATE   TO   BE   FILED   BY   A   PERSON   JOINTLY     INTERESTED     WITH    AN    INDIVI- 
DUAL   BANKER. 

To  all  to  whom  these  presents  shall  come,  G-reeting: 

I,  N.  iST.,  residing  in  the  city  of  Schenectady  in  the  county  of  Schenectady 
and  State  of  New  York,  do  hereby  respectively  certify  and  acknowledge  that 
I  am  interested  with  M.  M.,  an  "  Individual  Banker,"  conducting  banking 
business  under  the  "Act  to  authorize  the  business  of  banking,"  and  the  sev- 
eral acts  amendatory  thereof  at  Schenectady,  in  the  county  of  Schenectady, 
under  the  name  of  the  Morris  Bank,  and  in  the  circulating  notes  obtained 
or  to  be  obtained  by  the  said  Individual  Banker,  and  in  the  benefits  and 
advantages  of  circulating  the  same. 

Given  under  my  hand  this  3d  day  of  March,  1859. 

N.  K  |"L.  S.1 
{Add  acknowledgment  as  in  case  of  deeds.) 


No.    6. 

AFFIDAVIT   OF   MORTGAGOR   AND   OWNER. 

State  of  New   York,    County,  ss of  the 

of county  and  State  aforesaid,  being  duly  sworn,  saith   that  he 

is  the  mortgagor,  or  one  of  the  mortgagors  and  present  owners  of  the  prem- 
ises described  in  a  certain  mortgage  executed  by  deponent  and 

to for  the  sum  of  $ ,  dated  the day  of ., 

18. .,  and  recorded  in  the  clerk's  ofiice  of  the  county  of ,  in  book  of 

mortgages  No ,  pages ,  on  the day  of ,  18 . . ,  wliich 

mortgage  has  been  assigned  to  the  Superintendent  of  the  Bank  Department 

of  the  State   of  New  York;    that  deponent at  the  time  of  the 

execution  and  recording  of  said  mortgage,  had  a  good  and  valid  title  in  fee 
simple  to  tlie  premises  described  in  said  mortgage  and  each  and  every  part 
thereof. 


H 


BANKS  AXD  CORPOKATIONS.  77 

Deponent  further  saith,  that  when  said  mortgage  was  executed,  deponent 
was  and  still  is  {or  the  said  owners  were  and  still  are,)  in  the  actual,  quiet  and 
peaceable  possession  of  said  premises,  either  personally  or  through  tenants; 
and  that  deponent  or  such  owners  have  been  in  like  possession  of  such  prem- 
ises for  the  space  of years  immediately  preceding  the  execu- 
tion of  said  mortgage ;  and  that  the  said  owner  or  owners,  and  those 
under  and  through  whom  said  title  has  been  derived,  have  been  in  such  pos- 
session over  twenty  years  immediately  preceding  the  execution  of  said  mort- 
gage ;  and  that  neither  the  title  or  possession  of  said  owners  or  their  grantor? 
or  devisors,  or  any  or  either  of  them,  have  ever  been  disputed  or  questioned, 
tc  the  knowledge,  information  or  belief  of  deponent. 

Deponent  further  saith,  that  no  part  of  the  said  premises  have  ever  been 
sold  for  taxes  or  assessments  of  any  kind  or  nature,  and  that  there  are  no 
such  taxes  or  assessments  now  due  or  chargeable  thereon ;  and  that  there  are 
no  rents  of  any  kind,  or  leases  in  jierpetuity,  for  years  or  otherwise,  charge- 
able or  reserved,  on  said  premises  or  any  part  thereof,  prior  to  said  mortgage ; 
and  that,  at  the  time  of  recording  said  mortgage,  the  said  mortgaged  premises 
were  free  and  clear  of  all  contingent  and  other  liens,  claims,  charges  and 
incumbrances  of  every  kind  and  nature  whatsoever,  except  said  mortgage; 
according  to  the  knowledge,  information  and  belief  of  deponent. 

Deponent  further  saith,  that  to  his  knowledge,  information  or  belief  no  per- 
son or  persons,  other  than  those  named  in  the  search  and  abstract  of  title  which 
accompanies  said  mortgage,  and  the  grantors  of  the  source  or  sources  of  title 
therein  mentioned,  have,  or  ever  had,  or  claim,  or  ever  claimed  to  have,  any 
title  to,or  interest  in,  or  lien  on,  said  premises,  or  any  part  thereof,  by  posses- 
sion, or  unrecorded  deeds  or  instruments,  or  otherwise. 

Deponent  further  saith,  that  at  the  time  of  the  execution  of  said  mortgage, 
the  said  mortgagor,  (or  mortgagors),  and  each  of  them  were  citizens  of  the 
•United  States,  and  were  over  21  years  of  age. 

Deponent  further  saith,  that  the  said  premises  so  mortgaged  as  aforesaid, 
contain  the  number  of  acres  or  the  quantity  of  land  stated  in  said  mortgage, 
and  are  correctly  described  therein. 

Deponent  further  saith,  that  he  has  never  been  sued  in  the  United  States 
courts ;  and  that  neither  of  said  mortgagors  have  ever  been  so  sued  to  depo- 
nent's knowledge,  information  or  belief;  and  further  saith  not. 
Sworn  before  me,  this 

day  of ,18. 


3Xo.    <7. 

FORM    OF    APPRAISAL    OF    FARMING    LANDS. 

(Valuations  and  contents  must  be  written  out,  "not  stated  in  figures.) 

Appraisal  of  the  lands  and  premises  situate  in  the  town  of ,  in  the 

county  of ,  in  the  State  of  New  York,  mortgaged  by to 

,  by  mortgage  recorded  in  the  clerk's  office  of  the  county  of , 

...  .in  book  of  mortgages  No ,    on  pages   and  dated  the. . .  .day 

of IS...       • 

State  of  New  York, County,  ss of  the  town  of , 

in  the  county  aforesaid,  and of  the  town  of in  said 

county,  being  duly  sworn,  each  for  himself,  respectively  and  severally,  saith 
that  he  is  one  of  the  appraisers  appointed  by  the  Superintendent  of  the  Bank- 
ing Department  of  the  State  of  New  York  to  appraise  lands  in  the  said  county 

of ;  that  he  has  no  interest  in  the  bond  and  mortgage  above 

mentioned  or  in  the  premises  described  therein ;  that  he  is  not  of  kin  nor  in 
any  way  connected  in  business  with  either  the  mortgagor  or  mortgagee  named 
in  the  above  mentioned  mortgage,  nor  is  he  either  directly  or  indirectly  inter- 


78  THE  CLERK'S  ASSISTANT. 

ested  in  the bank,  in  trust  for  which  such  mortgage  is  proposed 

to  be  deposited  with  the  said  Superintendent. 

And  these  deponents,  each  for  himself,  further  respectively  deposeth  and  saith, 

that  he  has  personally  and  carefully  examined,  within days  last  past, 

the  lands  and  premises  covered  by  the  mortgage  above  mentioned,  and  finds 

that  such  premises  are  correctly  described  therein ;  that  they  consist  of 

tract  of  land,  containing,  according  to  the  best  judgment  and  belief  o^  this 

deponent,  about acres;  of  which acres  are  improved 

and  under  cultivation, acres  thereof  are  timbered  lands,  and 

acres  thereof  are  lands  which  cannot  properly  be  classified  as 

either  improved  or  timber  lands. 

In  answer  to  the  question,  what  is  the  character  and  nature  of  the  soil,  and 
the  state  of  cultivation  the  improved  and  cultivated  portion  of  the  premises 
are  in,  and  what  buildings  and  other  perisliable  improvements  are  upon  the 
same,  and  what  condition  such  improvements  are  in  ?  each  respectively  states 
and  alleges  that 

And  each  for  himself,  further  respectively  states,  that  such  improved  and 
cultivated   lands,   exclusive  of  the   buildings   and   perishable   improvements 

thereon,  are  worth,  per  acre, and  the  buildings  thereon  are 

worth   

In  answer  to  the  question,  what  is  the  value  and  character  of  the  timbered 
lands,  what  kind  of  timber,  whether  Avell  timbered  or  otherwise,  and  what  is 

the  character  and  nature  of  the  soil  ?  states  that .... 

and  he  further  states,  that  such  timbered  lands  are  now  fairly  worth 

....  per  acre ;  and,  if  the  wood  and  timber  was  cut  off,  would,  for  purposes 
of  cultivation,  be  worth,  per  acre, 

In  answer  to  the  question,  what  is  the  character  and  value  of  the  other 
lands,  not  included  as  improved  or  timber  lands,  and  what  is  their  condition 
and  susceptibility  for  improvement  and  cultivation  ?  states 

And  they  further,  respectively  state,  that  the  mortgaged  premises,  as  they 
are  situated,  including  improvements,  are  reasonably  and  fairly  worth,  at  a  cash 

sale,  the  sum  of ;  that,  exclusive  of  buildings  and  perishable 

improvements,  they  are  worth,  at  a  cash  sale,  the  sum  of The 

fair  annual  cash  rent  of  the  premises,  above  repairs  and   taxes,  for  farming 
purposes,  is ■     _ 

In  answer  to  the  question,  by  whom  and  for  what  purpose  are  the  premises 
now  occupied,  and  if  not  by  the  owner,  by  whom,  under  whom,  at  what  rent 
and  tenure  ?  states 


IS"©.    8. 

FORM    OF   APPRAISAL    OF   VILLAGE   AND    CITY   LOTS. 

Appraisal  of lot.  .of  land  and  premises  situate  in  the. . .  .of. . . .,  in  the 

county  of ,  in  the  State  of  New  York,  mortgaged  by 

to ,  by  mortgage  dated  the ....  day  of 18 . . ,  and  recorded 

in  the  office  of  the  clerk  of  the  county  of ,  in  book  of  mortgages 

No ,  on  pages 

State  of  New  York,  County  of ,  ss of ,  in  the 

county  aforesaid,  being  duly  and  severally  sworn,  each  for  himself  saith,  tiipt 
he  is  one  of  the  appraisers  appointed  by  the  Superintendent  of  the  Banking 
Department  of  the  State  of  New  York,  to  appraise  lands  in  the  said  county  of 
;  that  he  has  no  interest  in  the  bond  and  mortgage  above  men- 
tioned, or  in  the  premises  described  therein ;  that  he  is  not  of  kin  nor  in  any 
way  connected  in  business  with  either  the  mortgagor  (or  mortgagors)  namt>d  in 
the  above  mentioned  mortgage,  nor  is  he  directly  or  indirectly  interested  in  the 


BANKS  AXD  CORPORATIONS.  79 

bank,  m  trust  for  which  such  mortgage  is  proposed  to  be  depo- 
sited with  the  said  Superintendent. 

And  these  deponents,  each  for  hiraselfj  further,  severally  and  respectively, 

deposeth  and  saith,  tliut  he  has  within days  last  past,  personally  and 

carefully  examined  the  lot.  .of  land  and  premises  covered  by  the  mortgage 
above  mentioned,  and  finds  that  tlie  premises  are  correctly  described  therein; 

that  tiiey  consist  of lot  of  land  situate  in  the of county 

aforesaid,  of  the  following  size,  to  wit : that  all  the  said  lots 

are  improved,  and  the  improvements  thereon  are  as  follows,  to  wit : 

In  answer  to  the  question,  whether  the  streets  upon  which  such  lot 

situate  are  completely  graded  or  not,  and  whether  the  paving,  guttering  and 
flagging  of  the  same  have  been  fully  completed  ?  saith 

In  answer  to  the  question,  what  is  the  condition  of  the  lot and  the 

improvements  thereon,  and  in  what  repair  are  the  same,  and  how  and  for 
what  purpose  the  same  are  occupied?  these  deponents,  each  for  himself, 
respectively  and  severally,  deposeth  and  saith, 

And  such  deponents,  each  for  himself,  respectively,  further  saith,  that  such 
lots  are  worth,  exclusive  of  the  buildings  and  perishable  improvements  thereon, 

the  sum  of .  . ,  the  buildings  thereon  are 

worth  the   sum  of ,  that  the  premises, 

as  they  are  now  situated,  including  improvements  thereon,  are  reasonably  and 

fairly  worth,  at  a  cash  sale,  the   sum  of ,  the  fair 

annual  cash  rent  of  the  premises,  above  repairs  and  taxes,  is 

In  answer  to  the  question,  by  whom  are  the  premises  now  occupied  and  for 
what  purpose,  and  if  not  by  the  owner,  by  whom,  under  whom,  and  at  what 
rent  and  tenure  ?  states 


BOND    TO    A    BANKING    ASSOCIATION. 

Know  all  men  by  these  presents  :    That ,  of , 

in  the  county  of ,  held  and  firmly  bound  unto   

president  of  the a  banking  association  in  the  county  of . . . .  , 

established  by  virtue  of  the  act  entitled  "  An  act  to  authorize  the 

business  of  banking,"  passed  April  18,  1838,  and  the  several  acts  amendatory 

thereof  and  supplementary  thereto,  in  the  sum  of dollars,  lawful 

money  of  the  tTnited  States  of  America,  to  be  paid  to  the  said , 

as  such  president,  as  aforesaid,  or  his  successor  or  successors,  or  assigns,  for 

which  payment,  well  and  truly  to  be  made, bind heirs, 

executors  and  administrators,  firmly  by  these  presents.     Sealed  with 

seal.     Dated  the day  of in  the  year  of  our  Lord  18.  .  . . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 

heirs,  executors,  administrators  or  assigns,  shall  pay  or 

cause  to  be  paid  to  the  said as  such  president,  as  aforesaid, 

or  his  successor  or  successors,  or  assigns,  the  sum  of dollars, 

in 3^ears  from  the  date  hereof,  with  interest  at  the  rate  of  seven  per 

centum  per  annum,  and  shall  in  the  meantime  pay  the  interest  thereon,  on  the 

first  days  of and in  each  year,  then  these  presents 

shall  be  void.  It  is  expressly  understood  and  agreed,  however,  that  if  default 
shall  be  made  in  the  payment  of  the  interest  that  may  grow  due,  or  any  part 
thereof  shall  remain  unpaid  at  the  expiration  of  thirty  days  after  the  same 
shall  oecome  due  and  payable,  or  in  case  this  bond,  with  the  mortgage  for 
securing  the  payment  thereof,  shall  be  assigned  to  the  Superintendent  of  the 
Banking  Department  of  the  State  of  New  York,  under  and  in  pursuance  and 
for  the  purposes  of  the  acts  aforesaid,'then,  and  in  that  case,  if  the  said  bank- 
ing association  shall  at  any  time,  after  such  assignment,  neglect  or  refuse  to 
"edr-em  any  of  its  circulating  notes,  the  whole  amount  of  the  principal  and 


80    '  THE  CLERK'S  ASSISTANT. 

intei-est  which  may  then  be  unpaid  and  have  accrued  hereon  shall  immedi- 
ately become  due  and  payable,  in  the  same  manner  and  to  the  same  extent  as 
if  the  time  hereinbefore  specified  for  the  payment  thereof  had  expired ;  and 

if  the  said shall,  upon  the  same  becoming  due  in  either  or 

any  of  the  cases  aforesaid,  forthwith  pay  the  said  principal  with  all  the  interest 
due  thereon  as  aforesaid,  up  to  the  time  of  payment,  then  the  above  obligation 
to  be  void,  otherwise  to  be  and  remain  in  fuU  force  and  virtue. 
Sealed  and  dehvered  in  ) 
the  presence  of        ) 


I 


3Vo.    lO. 

MORTGAGE    TO    A    BANKING   ASSOCIATION. 


This  indenture,  made  the day  of in  the  year  18 be- 
tween   of in  the  county  of in  the  State  of  New  York, 

of  the  first  part,  and president  of a  banking  association  in  the 

county  of in  said  State,  established  by  virtue  of  an  act  entitled  "  An 

act  to  authorize  the  business  of  banking,"  passed  April  18,  1838,  and  the  sev- 
eral acts  amendatory  thereof  and  supplementary  thereto,  of  the  second  part, 

witnesseth,  that  the  said for  and  in  consideration  of  the  sum    of 

dollars  to weU  and  truly  paid  by  the  banking  association  afore- 
said, ha. .  granted,  bargained,  sold,  aliened,  released,  enfeoffed,  confirmed  and 
conveyed,  and  by  these  presents  do .  .  grant,  bargain,  sell,  ahen,  release,  en- 
feoff, confirm  and  convey,  to  the  said  party  of  the  second  part  as  such  presi- 
dent as  aforesaid,  and  his  successor  and  assigns  forever,  all  that 

Together  with  all  the  hereditaments  and  appurtenances  to  the  same  belong- 
ing or  any  wise  appertaining,  and  all  the  estate,  right,  title,  interest,  claim  and 
demand  whatsoever  of  the  said  part,  .of  the  first  part,  of,  in  and  to  the  above 
bargained  premises,  and  every  part  thereof,  with  the  appurtenances,  to  have 
and  to  hold  the  same  unto  the  said  party  of  the  second  part  as  such  president 
as  aforesaid,  and  his  successor  and  assigns  forever: 

Provided  always,  and  these  present's  are  upon  this  condition,  that  if  the 
said  part,  .of  the  first  part. .  .heirs,  executors,  administrators  or  assigns,  shall 
pay  or  cause  to  be  paid  to  the  said  party  of  the  second  part,  as  such  president 

as  aforesaid,  or  his  successor  or  assigns,  the   sum  of dollars  in 

years  from"  the  date  hereof,  with  interest  at  the  rate  of  7  per  centum  per 
annum,  and  shall  in  the  meantime  pay  the  interest  thereon  semi-annually,  on 

the  first  days  of and   in  each  year,  according  to  the  condition  of 

a  certain  bond  bearing  even  date  herewith  and  executed  by  the  said 

to  the  party  of  the  second  part,  as  such  president  ks  aforesaid,  then  these 
presents  shall  be  void.  It  is  understood  and  agreed,  however,  that  if  default 
shall  be  made  in  the  payment  of  the  interest  that  may  grow  due  or  any  part 
thereof,  and  the  same  or  any  part  thereof  shall  remain  unpaid  at  the  expiration 
of  thirty  days  after  the  same  shall  become  due  and  payable,  or  in  case  this 
mortgage,  with  the  bond  accompanying  the  same,  shall  be  assigned  to  the 
Superintendent  of  the  Banking  Departnnent  of  the  State  of  New  York,  under 
and  in  pursuance,  and  for  the  purposes  of  the  acts  aforesaiS,  then  and  in  that 
case,  if  the  said  banking  association  shall  at  any  time  after  such  assignment, 
neglect  or  refuse  to  redeem  any  of  its  circulating  notes  on  demand,  the  whole 
amount  of  the  principal  and  interest  which  may  then  be  unpaid  and  have 
accrued  thereon  shall  immediately  become  due  and  payable,  in  the  same  man- 
ner and  to  the  same  extent  as  if  the  time  hereinbefore  specified  for  the  pay- 
ment thereof  had  expired ;  and  if  the  same  shall  be  forthwith  paid,  according 
to  the  condition  of  a  certain  bond   or  Avriting  obligatory,  bearing  even  date 

herewith,  executed  by  the  said to  the  said  party  of  the  second  part, 

as  such  president  as  aforesaid,  then  the  above  grant,  bargain  and  sale,  and 
every  part  thereof,  .shall  be  void ;  but  if  failure  be  made  in  any  of  the   pay- 


BANKS  AND  CORPOKATIONS.  81 

merits  before  mentioned,  then  the  above  bargain  and  sale  is  to  remain  in  full 
force  and  virtue.  And  the  said for  heirs,  executors,  adminis- 
trators and  assigns,  hereby  covenant,  .grant,  .and  agree... to  and  with  the 
said  party  of  the  second  part,  as  such  president  as  aforesaid,  his  successor  and 
assigns,  well  and  truly  to  pay  to  him  and  them  the  principal  and  interest,  at 
the  several  times  and  in  the  manner  aforesaid ;  and  in  case  of  such  assignment 
to  the  Superintendent  as  aforesaid  and  the  failure  or  neglect  of  said  bank  to 
redeem  its  circulating  notes  on  demand,  as  aforesaid,  then  immediately  on  such 
feilure  or  neglect  will  pay  the  said  princijDal  and  interest  to  the  Superinten- 
dent of  the  Banking  Department  of  the  State  of  New  York,  to  enable  liim  to 
fulfill  the  duties  imposed  on  him  by  the  said  act  entitled  "  An  act  to  authorize 
the  business  of  banking,"  passed  xipril  18,  1838,  and  the  several  acts  amend- 
atory thereof  and  supplementary  thei-cto,  or  to  the  purchaser  or  assignee  of 
this  mortgage,  under  any  sale  made  in  pursuance  of  the  provisions  of  the 
statutes  in  such  case  made  and  provided.  And  the  said also  cove- 
nant. .  .and  agree. ,  .that  at  the  time  of  the  sealing  and  delivering  of  these 
presents,  the  said  part. .  .of  the  first  part. . .  .lawfully  seised  of  and  in  the 
above  bargained  premises,  of  a  good,  sure,  perfect,  absolute  and  indefeasible 
estate  of  inheritance,  and  the  same  are  now  free  and  clear  of  and  from  all  for- 
mer and  other  gifts,  grants,  bai'gains,  sales,  hens,  judgments,  recognizances, 
dowers,  rights  of  dower,  and  other  incumbrances  whatever;  and  if  default 
shall  be  made  in  the  payment  of  the  principal  or  interest  above  mentioned, 
then  the  said  part . .  of  the  second  part,  and  his  successor  or  assigns,  are  here- 
by authorized,  pursuant  to  statute,  to  sell  the  premises  above  granted,  or  so 
much  thereof  as  will  be  necessary  to  satisfy  the  amount  hereby  secured,  with 
the  costs  and  expenses  allowed  by  law. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set  their 
hands  and  seals  the  day  and  year  above  written. 
Sealed  and  delivered  in  presence  ) 

of \ 

State  of  New  York, County ss.     On  this day 

of before  me  came to  me  known  to  be  the 

individuals  described  in  and  who  executed  the  foregoing  conveyance,  and  to 

me  acknowledged  they  executed  the  same;  and  the  said on  a 

private  examination,  apart  from  her  husband,  acknowledged  that  she  executed 
the  same  freely,  and  without  any  fear  or  compulsion  of  her  husband. 


lSi>.    11. 

ASSIGNMENT   TO   THE   BANKING   DEPARTMENT, 

Know  all  men  by  these  presents,  that  I, tliQ  mortgagee   with- 
in named,   president  of ,  a  banking  association,  formed  under 

and  in  pursuance  of  the  act  entitled  "  An  act  to  authorize  the  business  of 
banking,"  passed  April  18,  1838,  and  the  several  acts  amendatory  thereof 
and  supplementary  thereto,  in  consideration  of  $1  to  me  in  hand  paid,  and  for 
the  purposes  specified  in  the  said  acts,  do  hereby  assign,  transfer,  convey  and 
set  over,  unto  the  Superintendent  of  the  Banking  Department  of  the  Stiite  of 

New  York,  the  within   indenture  of  mortgage,  executed  by to 

me,  as  such  President  as  aforesaid,  and  the  bond  accompanying  the  same, 
together  with  all  my  right,  title  and  interest,  as  such  mortgagee  as  aforesaid 
or  otherwise,  in  and  to  said  bond  and  mortgage,  and  the  premises  described 
therein,  or  covered  thereby. 

And  I,  the  said president  as  aforesaid,  do   covenant  and  agree 

that  there  is  this  day  owing  and  unpaid  on  the  said  bond  and  mortgage  the 

principal  sum  of dollars,  besides  interest. 

11 


82  THE  CLERK'S  ASSISTANT. 

In  witness  whereof,  I,  as  such  president  as  aforesaid,  have  hereto  affixed 

my  hand  and  the  corporate  seal  of  said  association,  this day  of 

,18.. 

Jn  presence  of 


State  of  New  York,  County  of ,  ss.     On  this, day 

of ,  18. .,  before  me  came ,  to  me  known  to  be  the 

individual  described  in  and  who  executed  the  preceding  assignment,  and  he 
acknowledged  the  execution  of  the  same,  and  being  by  me  duly  sworn,  says 
that  he  is  the  president  of  the  bank,  the  above  named  associa- 
tion ;  that  the  seal  affixed  to  the  preceding  assignment  is  the  corporate  seal  of 
the  said  association,  and  that  the  said  corporate  seal  and  his  signature  as  such 
president,  were  affixed  to  said  assignment  by  the  authority  and  direction  of 
the  said  association. 


JSo.    13. 

CONSENT   OF  I^ORTGAGOR   TO   ASSIGNMENT. 

I,  the  mortgagor  in  the  within  mortgage  named,  and  the  present  owner  in 
fee  of  the  mortgaged  premises,  do  hereby  consent  to  the  assignment  of  the 
within  mortgage  and  the  bond  accompanying  the  same,  to  the  Superintendent 
of  the  Banking  Department  of  the  State  of  New  York,  and  certify  and  agree 

that  there  is  now  unpaid  on  said  bond  and  mortgage  the  principal  sum  of 

dollars,  with  interest  from  the day  of 18. .,  and 

that  there  is  no  off-set  to  or  legal  or  equitable  defense  against  the  same. 

Dated  at ,  this day  of ,  18. . 

State  of  New  York,  County  of ,  ss.     On  this day 

of 185  . . ,  before  me  came to  me  known  to 

be  the  individual  described  in  and   who   executed  the  preceding  consent, 
and  he  acknowledged  the  execution  thereof. 


J?fo.    13. 

BOND  TO  BE  GIVEN  BY  A  BANKING  ASSOCIATION  OR  INDIVIDUAL  BANKER  HA^'lNG 
RELINQUISHED  BUSINESS,  UPON  THE  WITHDRAWAL  OF  SECURITIES  FOR  THE  PAY- 
MENT   OF    THE    OUTSTANDING    UNREDEEMED    NOTES    OR   BILLS. 

Whereas . .  ,  a  banking  association  (or  individual  bank)  formerly  located 
and  doing  business  at ,  in  the  county  of ,  in  the  State  of  New- 
York  under  and  I5y  virtue  of  the  provisions  of  the  act  entitled  "  An  act  to 
authorize  the  business  of  banking,"  passed  April  18,  1838,  and  the  laws 
amending  the  same,  have  relinquished  the  business  of  banking,  and  the  pro- 
visions of  section  8  of  chapter  319  of  the  Laws  of  1841,  having  been  fully  com- 
phed  with,  and  the  notice  required  by  section  9  of  said  chapter  319,  having 
been  duly  published,  and  two  years  having  elapsed  since  .the  date  and  first 

publication  of  such  notice,  and ,  the  owner  of  the  securities  and  moneys 

remaining  in  the  hands  of  theSuperintendent  ol  the  Banking  Department,  for 
the  redemption  of  the  circulating  notes  of  such  bank,  being  desirous  of  receiv- 
ing from  said  Superintendent,  such  securities  and  moneys  so  remaining  in  hia 

hands,  for  the  payment  of  the  unredeemed  notes   of  said ,  and  in  order  to 

comply  with  the  provisions  of  the  said  section  9  as  amended  by  chapter  68  of 
the  Laws  of  1851,  so  as  to  entitle  them  {or  him)  to  receive  such  securities  or 
money. 


BANKS  AND  CORPORATIONS.  §3 

Therefore,  know  all  men  by  these  presents,  that  we ,  are  held  and 

lirmly  bound  unto  the  Superintendent  of  the  Banking  Department  of  the  State 

of  New  York,  in  the  sum  of ,  to  be  paid  to  the  said  Superintendent, 

his  successors  or  assigns;  for  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  our  and  each  of  our  heirs,  executors  and  administrators  jointly, 
and  severally,  firmly  by  these  presents.     Sealed  with  our  seal,  and  dated  tliia 

day  of 

The  condition  of  the  above  obligation  is  such  that  if  the  said . . . .  ,  their  or 
any  of  their  heirs,  executors  or  administrators,  shall  well,  truly  and  promptly 
pay  or  redeem,  or  cause  to  be  paid  or  redeemed,  whenever  the  same  shall  be 
presented  for  redemption  or  payment,  all  the  outstanding  notes  of  said  associa- 
tion {or  individual  banker)  that  may  be  presented  as  aforesaid,  Avitliin  six 
years  from  the  date  hereof,  according  to  the  true  intent  and  meaning  of  the 
statute  in  such  case  made  and  provided ;  then  the  above  obligation  to  be  void, 
otherwise  to  be  and  remain  in  full  force  and  vktue. 

In  presence  of  A.  B.  [l.  s.]  &c. 

(N.  B.  Such  bond  is  to  be  under  seal,  executed  by  at  least  three  sureties, 
who  must  be  freeholders  and  each  justify  in  the  double  the  amount  of  the 
penalty  of  the  bond,  and  the  penalty  double  the  amount  of  unredeemed  cir 
culation,  and  to  be  proved  or  acknowledged  in  the  same  manner  as  deeds.) 


Wo.    14. 

CHARTER   OF   YOUNG   MEN's   CHRISTIAN   ASSOCIATION. 

State  of  New  York,  City  and  County  of  Albany,  ss.  We  the  undersigned 
citizens  of  the  State  of  New  York,  of  full  age,  being  desirous  to  associate  our- 
Belves  for  a  benevolent  purpose,  do  hereby,  pursuant  to  the  statute  in  such 
case  made  and  provided,  certify  that  the  name  by  which  the  society  or  incor- 
poration hereby  to  be  formed  shall  be  known  in  law,  is  the  Albany  Young 
Men's  Christian  Association. 

That  the  object  and  business  of  such  society  is  the  improvement  of  the 
spiritual,  mental  and  social  condition  of  young  men ;  that  the  directors  are 
eighteen  in  number,  that  the  names  of  the  directors  for  the  first  year  of  the 
existence  of  this  society  are  as  follows,  viz. : 

{Insert  the  names  of  the  officers  for  the  first  year.) 

And  that  the  location  of  the  society  is  in  the  city  of  Albany. 

Albany,  March  30,  1857.  (Signed.) 

A.  B.,  C.  D.,  E.  F.,  &c. 

State  of  New  York,  City  and  County  of  Albany,  ss.  On  this  30th  day  of 
March,  1857,  before  me  came  the  above  named  A.  B.,  C.  D.,  E.  F.,  &c.,  to  me 
severally  known  to  be  the  persons  described  in,  and  who  executed  the  above 
instrument,  and  severally  acknowledged  the  execution  thereof. 

(Signed.)  H.  S., 

Commissioner  of  Deeds. 

I  approve  of  the  form  and  sufficiency  of  the  within  certificate,  and  consent 
that  the  same  be  filed  in  the  proper  office. 

(Sisrned.)  IRA  HARRIS, 

Justice  of  the  Supreme  Cotirt 

(N.  B.  By  changing  the  name  and  the  statement  of  '•  the  object  and  busi- 
ness of  such  society,"  the  foregoing  form  will  answer  as  a  charter  for  any 
benevolent,  charitable,  religious,  scientific,  or  missionarv  society.) 


84  THE  CLERK'S  ASSISTANT. 

I^o.    15. 

CHARTER   OF   A   MANUFACTURING   CORPORATION. 

State  of  New  York,  town  of  ReyisselaerviUe^  Countii  of  Albany,  ss.  We  tn* 
undersigned  citizens  of  the  State  of  New  York,  do  hereby  certifj'^,  that  we 
have  associated  together  as  a  manufacturing  corporation,  to  continue  in  exis- 
tence for  the  period  of  twenty-five  years  from  the  date  hereof  for  the  purpose 
of  carrying  on  and  conducting  the  manufacture  of  woolen  cloth  {or  cottvni  or 
linen  goods),  that  the  corporate  name  of  said  corporation  is  "  The  Rensselaer- 
ville  Maniifacturing  Company,"  that  the  amount  of  the  capital  stock  thereof  is 
$50,000,  and  is  divided  into  five  hundred  shares ;  that  the  number  of  trustees 
of  said  corporation  is  seven ;  and  that  the  following  are  the  names  of  the 
trustees  who  will  manage  its  concerns  for  the  first  year,  to  wit :  B.  S.,  D.  E., 
&CG.  And  we  do  further  certify,  that  the  manufacturing  operations  of  the  said 
corporation,  will  be  carried  on  in  the  town  of  Eensselaerville  aforesaid.  Dated 
June  10,  1859. 

(Signed.)  B.  S.,  &c. 

County  of  Albany,  ss.  On  this  10th  day  of  June,  1859,  before  me  came 
the  above  named  B.  S.,  &c.,  to  me  known  to  be  the  persons  described  in,  and 
who  executed  the  foregoing  instrument,  and  severally  acknowledged  the  exe- 
cution thereofl 

D.  R.,   County  Judge,  &c. 


No.  le. 

"power   of   ATTORNEY   TO   TRANSFER   STOCK   IN   A   BANK,    OR   CORPORATION. 

Know  all  men  by  these  presents,  that ,  for 

value  received,  ha. .  bargained,  sold  and  assigned,  and  by  these  presents  do 

bargain,  sell  and  assign  unto ,  the  following 

described  stock,  to   wit : unto belonging 

and  held  by  certificate  No ,  in name,  and  hereunto 

annexed,  and  do  hereby  constitute  and  appoint true   and  lawful 

attorney,  irrevocabty,  for and  in name  and  stead,  to use,  to 

assign  and  transfer  the  said  stock  unto and  for  that 

purpose  to  make  and  execute  the  necessary  acts  of  assignment  and  transfer, 
and  an  attorney  or  attorneys  under for  that  purpose  to  make  and  sub- 
stitute, and  to  do  all  other  lawful  acts  requisite  for  effecting  the  premises, 
hereby  ratifying  and  confirming  the  same. 

In  witness  whereof, have  hereunto  set hand. . .  .and  seal. . . ., 

in  the  city  of ,  the day  of ,  in  the  year  of  our 

Lord  18  . .  . 

State  of  New  York,  City  and  County  of ,  ss.     On  the 

day  of ,18 ,  personally  appeared  before  me .,  to  me 

known  to  be  the  person .  .  described  in  and  who  executed  the  within  instrument, 
and  acknowledged  the  execution  of  the  same  for  the  uses  and  purposes  therein 
mentioned. 


]Xo.    IT. 

PROXY    TO    VOTE   AT   ELECTION. 


Know  all  men  by  these  presents,  that  I ,  do  hereby  constitute  and  appoint 

B.  D to  be  my  lawful  attorney,  substitute  and  proxy,  for  me  and  in 

my  name,  to  vote  on  all  the  stock  held  by  me  in  the ,  at  any 

election  for  directors,  as  fully  as  I  might  or  could  do,  were  I  personally  present 


BANKS  AND  CORPORATIONS.  85 

at  such  election ;  and  I  hereby  revoke  any  proxy  or  proxies  heretofore  given 
by  me  to  any  person  or  persons  whatsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  10th  day  of 
July,  1859. 

In  presence  of  B.  E.  [l.  s.J 

A.  E.  


AFFIDAVIT    ANNEXED    TO    PROXY. 

City  and  County  o/  Albany,  ss.      I,  B.  E., ,■  of  Albany,  do  swear, 

that  the  shares  in  the  capital  stock  of  the for  which  I  have 

given  the  above  power  or  proxy  to  vote,  do  not  belong,  and  are  not  hypothe- 
cated, to  the  said  B.  D.,  and  that  they  are  not  hypothecated  or  pledged  to 
any  other  corporation,  or  any  person  or  persons  whatever ;  that  such  shares 
have  not  been  transferred  to  B.  D.,  for  the  purpose  of  enabling  him  to  vote 
thereon ;  and  that  I  have  not  contracted  to  sell  or  transfer  them  upon  any  con- 
dition, agreement  or  understanding,  in  relation  to  his  manner  of  voting  at  any 
election. 

B.  E. 
Sworn  before  me,  this  10th  ) 
day  of  July,  1859.  \ 

L.  P., 
Commissioner  of  Deeds. 


TRANSFER   OF   STOCK   IN   CORPORATION   OR   BANK. 

Know  all  men  by  these  presents,  that  I.,  C.  S., for  value 

received  have  bargained,  sold,  assigned  and  transferred,  and  by  these  presents 
do  bargain,  sell,  assign  and  transfer  unto  H.  E.,  sixteen  shares  of  the  capital 

stock,  standing  in  iny  name  on  the  books  of  the Exchange  Bank,  and 

do  hereby  constitute  and  appoint  the  said  H.  E., my  true  and 

lawful  attorney  irrevocable,  for  me  and  in  my  name  and  stead,  but  to  his  use, 
to  sell,  assign,  transfer  and  set  over  all  or  any  part  of  the  said  stock,  and  for 
that  purpose  to  make  and  execute  all  necessary  acts  of  assignment  and  trans- 
fer, and  one  or  more  persons  to  substitute  with  like  fuU  poAver,  hereby  ratify- 
ino-  and  confirming  all  that  my  said  attorney  or  his  substitute  or  substitutes 
aliall  lawfully  do  by  virtue  hereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  12th  day  of 
August,  1859. 

C.  G.  [l.  s.] 

W^o.    so. 

inspector's   OATH. 

State  of  Neio  York,  City  of  Troy,  ss.  I  do  solemnly  swear  {or  afBrm)  that  I 
win  support  the  Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  New  York ;  and  that  I  will  faithfully  discharge  the  duties  of  the  office 
of  inspector  of  election  for  the according  to  the  best  of  my  ability. 

Sworn,  &c.,  M.  E. 

No.    31. 

OATH   OF   STOCKHOLDER   WHEN   CHALLENGED. 

You  do  swear  in  the  presence  of  the  ever  living  God  {or  do  sincerely  and 
truly  affirm)  that  the  shares  on  which  you  now  offer  to  vote,  do  not  belong 


86  THE  CLERK'S  ASSISTANT. 

and  are  not  hypothecated  to  the  (corporation  of  which  the  election  is  being 
held,)  and  that  they  are  not  hypothecated,  or  pledged  to  any  other  corpora- 
tion, or  person  whatever ;  that  such  shares  have  not  been  transferred  to  you, 
for  the  purpose  of  enabling  you  to  vote  thereon  at  this  election ;  and  that  you 
have  not  contracted  to  sell  or  transfer  them,  upon  any  condition,  agreement, 
or  understanding  in  relation  to  the  manner  of  voting  at  this  election. 


I^o.    SJ3. 

OATH     OF   PROXY   WHEN    CHALLENGED. 


Y"ou  do  swear  in  the  presence  of  the  ever  living  God  (o?*  sincerely  and 
Duly  affirm)  that  the  facts  stated  in  the  affidavit  annexed  to  the  proxy,  upon 
which  you  now  offer  to  vote,  are  true,  according  to  your  belief;  and  that  you 
have  made  no  contract  or  agreement,  whatever,  for  the  purchase  or  transfer 
of  the  shares,  or  any  portion  of  the  shares,  mentioned  in  such  proxy. 


AFFIDAVIT    OF    PRESIDEXT    OR  CASHIER   TO    STATEMENT    OF   DIVIDENDS   OR   DEPOSITS^ 

State  of  New  Yorl;  City  of  Utica,  ss.  R.  0.,  of  said  city,  being  duly  sworn, 
deposes  and  says,  that  he  is  the  president  (or  cashier)  of  the  Utica  Bank,  and 
that  the  foregoing  statement  of  dividends  {or  deposits)  remaining  unclaimed  in 
the  said  bank  for  the  space  of  two  years  next  preceding  the  17th  day  of 
August,  1859,  is  in  all  respects  just  and  true,  according  to  the  best  of  his  know- 
ledge and  behef  -d    m 

St  si.  yJ. 

bworn,  &c.  

POWER    OF    ATTORNEY    TO    RECEIVE    DIVIDEND. 

Know  all  men  by  these  presents :  that  I,  M.  P.,  of  the  city  of  New  York, 
do  hereby  constitute  and  appoint  P.  M.,  of  the  city  of  Albany,  my  attorney, 
to  receive  from  the  Bank  of  the  Capitol  (or  company)  the  dividend  now  due 
on  all  stock  standing  in  my  name  on  the  books  of  the  said  bank  (or  company), 
and  give  a  receipt  for  the  same;  hereby  ratifying  and  .confirming  all  that  my 
said  attorney  may  lawTully  do  in  the  premises,  by  virtue  hereof. 

Witness  my  hand  and  seal,  this  17th  day  of  August,  1859. 

P.  M.  [l.  s.j 

ISO.  a. "5. 

CERTIFICATE    OF    INCORPORATICJN    OF   AN    EPISCOPAL    CHURCH. 

W'e,  the  undersigned,  do  hereby  certify,  that  on  the day  of 

1858,  the  male  persons  of  full  age  worshiping  in  the  building  known  as 

,  in  the  town  of ,  county  of ,  State  of  jSTew  York,  in 

which  congregation  divine  worship  is  celebrated  according  to  the  rites  of  the 
Protestant" Episcopal  Church  in  the  State  of  New  York,  and  which  is  not 
already  incorporated,  met  at  their  place  of  worship,  aforesaid,  for  the  purpose 
of  incorporating  themselves  as  a  religious  society,  under  the  act  of  the  Legis- 
lature of  the  State  of  New  York,  and  in  pursuance  of  notice  duly  given  to 
the  said  congregation,  in  the  time  of  morning  service,  on  two  Sundays  pre- 
vious to  such  meeting,  that  the  male  persons  of  full  age  belonging  to  said 
congregation  would  meet  at  the  time  and  place  aforesaid,  for  the  purpose  of 
incorporating  themselves,  and  of  electing  two  church  wardens  and  eight  ves- 


BANKS  AXD  CORPORATIONS,  87 

trymen.  And  we  further  certify,  that  the  Rev.  B.  A.  being  the  rector  of  said 
cliurch,  presided  at  the  said  meeting  (or  there  being  no  rector  of  the  said 
church  or  congregation,  the  undersigned  M.  N.  was  by  a  majority  of  the  said 
persons  so  met,  called  to  preside  and  did  preside  at  the  said  meeting).  And 
we  further  certify  that  at  the  said  meeting  F.  M.  and  M.  P.  were  duly  elected 
church  wardens  of  the  said  congregation  and  church,  and  W.  0.,  &c.,  (eight 
persons)  were  duly  elected  vestrymen ;  that ....  Tuesday  in  Easter  week  was 
by  the  said  meeting,  fixed  on  as  the  day  on  which  the  said  offices  of  church 
wardens  and  vestrymen  should  annually  thereafter  cease,  and  their  successors 
in  office  be  chosen;  and  that  the  said  meeting  determined  and  declared  that 
the  said  church  and  congregation  should  be  known  in  the  law  by  the  name  of 
"The  rector,  churchwardens,  and  vestrymen  of  St.  Luke's  church,  in  the  town 

of ,  in  the  county  of " 

In  testimony  whereof,  we,  the  said  B.  A.,  rector,  (or  M.  N.)  who  presided 
at  the  said  election  of  wardens  and  vestrymen,  and  B.  B.,  and  C.  C.,  who 
were  present  and  witnessed  the  proceedings  aforesaid,  have  hereunto  subscrib- 
ed our  names  and  affixed  our  seals  this   ...  .day ,  1858. 

In  presence  of 

L.  S.  B.  A.  I  L.  s.  1 

B.      B.        [L.      S.\: 

C.  C.    [l.  S.J 

County  of ,  ss.  On  this day  of ,  1858,  be- 
fore me  came  the  above  named  L.  S.,  to  me  known,  who  being  by  me  sworn^ 

did  say  that  he  resides  in  the  town  of ,  county  aforesaid,  that  he 

knows  the  above  named  B.  A.,  B.  B.,  and  C.  C,  that  he  was  present  and  saw 
the  said  persons  severally  sign  and  seal  the  foregoing  certificate,  and  that  he 
thereupon  signed  the  same  as  the  subscribing  witness  thereto. 

C.  B.,    Com.  of  Deeds. 


TXo.    36. 

CERTIFICATE    OF    INCORPORATION    OF    OTHER    RELIGIOUS   SOCIETIES. 

The  undersigned,  two  of  the  elders  of  the  church  (or  two  of  the  members 
of  the  church,  congregation  or  religious  society)  hereafter  mentioned  do  here- 
by certify,  that  on  the  3d  day  of  August,  1859,  the  male  persons  of  full  age 
belonging  to  the  congregation  (or  religious  society)  worshiping  in  the  build- 
ing known  as ,  met  at  the  place  of  public  worship  aforesaid  in  the 

town  of ,  in  said  county,  for  the  purpose  of  incorporating  themselves 

and  did  then  and  there  elect,  by  plurality  of  voices,  A.  B.,  C.  D.,  and  E.  F., 
(not  less  than  three  nor  more  than  nine)  as  trustees  of  the  said  church  corpora- 
tion, and  the  said  persons  did  then  and  there  also  determine  by  the  like  plural- 
ity of  voices,  that  the  said  trustees  and  their  successors  shall  tbrever  hereafter 
be  called  and  known  by  the  name  or  title  of 

Witness  our  hands  and  seals  this  4th  day  of  August,  1859. 

B.  P.   [L.  s.] 

R.  S.  [l.  8.] 
(Add  acknowledgment  as  in  case  of  deeds.) 


88  THE  CLERK'S  ASSISTANT. 

3Vo.    ST. 

PETITION    TO    SELL    OR   MORTGAGE,    REAL    ESTATE   OF    RELIGIOUS     CORPORATIONS,    TO 
BE  SIGNED   BT   PEW-HOLDERS   OR  LEGAL   VOTERS. 

To  the  Supreme  Court  of  the  State  of  New  York : 

The  petition  of  the  undersigned  pew-holders,  legal  voters  of  the  religious 
society  or  incorporation  known  as  the  . . . ,  respectfully  petition  this  hon- 
orable court  to  grant  to  the  trustees  of  the  said  society  or  incorporation  the 
riglit  to  mortgage  the  real  estate  of  said  incorporation,  or  society  for  the  sura 
of  $5,000  for  the  period  of  five  years  (or  to  sell  the  real  estate  owned  by 
them,  and  to  invest  the  proceeds  thereof  in  a  new  edifice  to  be  buiJt  for 
the  use  of  said  church  corporation.) 

A.  A. 

B.  B.,  <fcc. 


JXo.    S8. 

PETITION    OF   TRUSTEES   FOR   LEAVE   TO   MORTGAGE   REAL  ESTATE   OF   RELIGIOUS 
SOCIETY    OR   INCORPORATION. 

To  the  Supreme  Court  of  the  State  of  New  York: 

The  petition  of  the  undersigned  respectfully  shows  that  they  are  the  trus- 
tees of  the  religious  society  known  as ,  a  religious  incorporation  organ- 
ized under  and  in  accordance  with  the  laws  of  this  State,  having  no  personal 
property  except  their  church  furniture,  and  no  real  estate  except  the  lot 
on  which  stands  their  house  of  worship ;  that 'said  house  of  worship  has 
just  been  erected  at  an  expense  of  about  §15,000,  of  which  sum  nearly 
$10,000  has  been  raised  by  subscription  and  paid,  and  they  ask  the  leave  of 
this  court  to  mortgage  said  property  for  the  term  of  five  years  for  $5,000  to 
raise  the  balance  of  said  money.  And  this  petition  ftirther  shows  that  the 
resolution  hereto  annexed  is  a  copy  of  a  resolution  which  unanimously  passed 
said  board  of  trustees  at  a  meeting  thereof  duly  held ;  and  that  the  petition 
hereto  annexed  is  the  petition  of  a  majority  of  the  legal  voters  of  said  reli- 
gious incorporation,  and  that  the  property  which  they  desire  to  mortgage  is 
bounded  and  described  as  follows :  (Add  description.) 

IL  M.,  &c. 

County  of ,  ss.     A.  Z.,  being  sworn,  says  that  he  is  the  clerk  (or 

the  president)  of  the  board  of  trustees  of  the  religions  incorporation  known 

as  the ,  that  he  has  read  the  foregoing  petition  by  him  subscribed,  and 

knows  the  contents  thereof,  and  that  the  same  is  true  of  his  own  knowledge 
except  as  to  the  matters  therein  stated  on  his  information  and  beUef,  and  as  to 
those  matters  he  beUeves  it  to  be  true ;  that  the  persons  who  have  signed  the 
annexed  petition  of  legal  voters  are  all  legal  voters  of  said  religious  incorpora- 
tion, and  that  the  whole  number  of  legal  voters  of  said  religious  society  or 

incorporation,  does  not  exceed ,  and  that  the  foregoing  signers  of  this 

petition  are  all  the  trustees  of  said  incorporation. 

Sworn,  &c.  A.  Z. 

(By  varying  the  wording  of  the  foregoing  form,  it  will  serve  as  a  petition 
to  sell  real  estate  of  a  religious  society.) 


BANKS  AND  CORPORATIONS.  89 

No.    39. 

ORDER   FOR   LEAVE   TO   MORTGAGE   OR   SELL. 

At  a  special  term  of  the  Supreme  Court  held  for  the  State  of  New  York  at 
the  City  Hall  in  the  city  of  Albany  on,  the  26th  day  of  July,  1859, 

Present — Hon.  W.  B.  W.,  Justice. 

In  the  matter  of  the  application  of  religious  society 

or    incorporation    known   as    the ,    for 

leave  to  mortgage  their  real  estate. 

Application  having  been  made  by  the  trustees  and  a  majority  of  the  legal 

voters  of  the  religious  society  known  as ,  for  leave  to  mortgage  (or 

sell)  their  real  estate,  on  motion  of  Mr.  C.  C.  of  counsel  for  said  petitioners,  it  is 
hereby  ordered,  that  tlie  said  trustees  be  authorized  to  mortgage  the  real  estate 
in  said  petition  described,  for  a  period  not  to  exceed  five  years,  for  a  sum  not 
to  exceed  $5,000  (or  to  sell  and  convey  said  real  estate)  and  to  appropriate  the 
proceeds  as  requested  in  the  said  petition. 


CHAPTER  Vn. 

BILLS   OF  EXCHAjSTGE  AND  PBOMISSORY  NOTES. 

The  hill  of  exchange  was  originally  invented  among  the  mer- 
chants as  a  security  for  the  more  easy  remittance  of  money  from 
one  country  to  another.  It  is  popularly  termed  a  draft,  and 
is  written  in  the  form  of  an  open  letter,  directing  the  person  to 
whom  it  is  addressed  to  pay  the  sum  of  money  specified  therein 
to  a  third  person  named  in  the  instrument  or  to  the  bearer,  on 
account  of  the  person  or  writer  by  whom  it  is  drawn.  No  particu- 
lar form  of  words  is  necessar}'-  to  be  used  in  drawing  the  bill, 
but  it  must  in  effect  be  an  order  addressed  by  one  person  to  a 
second,  desiring  him  to  pay  a  sum  of  money  to  a  thisd.  It  is 
not  drawn  on  a  particular  fund,  or  on  the  happening  or  not  hap- 
pening of  a  particular  event,  but  for  the  payment  of  money  abso- 
lutely and  at  all  events,  and  at  a  time  certain,  named  in  the  bill 
The  person  who  writes,  draws  or  signs  the  bill  is  called  the  draice,', 
and  he  to  whom  it  is  written  the  draivee^  and  the  third  person  or 
negotiator  to  whom  it  is  payable  is  called  the  payee.  (Edwards 
on  Bills  and  Promissory  Notes,  p.  41.) 

Bills  of  exchange  are  either  foreign  or  inland;  foreign,  when 
drawn  by  a  person  in  one  state  or  country,  upon  a  person  in 
another  state  or  country;  and  inland,  when  both  drawer  and 
drawee  reside  in  the  same  state  and  country,  or  when  both  drawn 
and  payable  in  the  same  state  or  country,  though  accepted  abroad. 
(Id.,  47.) 

Promissory  notes,  or  notes  of  hand,  are  a  plain  and  direct  en- 
gagement in  writing,  to  pay  a  sum  specified  at  the  time  therein 
limited,  to  a  person  therein  named,  or  to  his  order,  or  to  the 
bearer  at  large.  While  a  promissory  note  continues  in  its  origi- 
nal shape  of  a  promise  from  one  man  to  another,  it  bears  no  simi- 
litude to  a  bill  of  exchange.  When  it  is  indorsed,  the  resemblance 
begins,  for  then  it  is  an  order  by  the  indorser,  upon  the  maker 
of  the  note  to  pay  to  the  indorsee ;  and  this  is  the  very  definition 


BILLS  OF  EXCHANGE,  &c.  91 

of  a  bill  of  exchange.  The  iudorser  of  the  note  is  the  same  as 
the  drawer  of  the  bill  of  exchange;  the  maker  of  the  note  the 
acceptor,  and  the  indorsee  is  the  person  to  whom  it  is  made  pay- 
able. The  indorser  undertakes  to  pay  only  in  case  the  maker  of 
the  note  does  not  pay,  and  the  indorsee  takes  the  note  npon  that 
condition,  and  must  therefore  use  diligence  in  making  a  demand 
of  payment  and  in  giving  notice  of  non-payment ;  just  as  the 
person  to  whom  the  bill  of  exchange  is  made  payable  must  show 
a  demand  or  due  diligence  to  get  the  money  from  the  acceptor, 
before  he  brings  an  action  against  the  drawer. 

In  order  to  make  the  drawer  or  indorser  of  the  draft,  or  the 
indorser  of  a  note  liable  to  pay  the  same,  it  is  necessary  that  the 
draft  be  presented  to  the  acceptor,  and  the  note  to  the  maker 
when  it  becomes  due,  and  if  not  paid  at  maturity,  to  give 
notice  that  such  draft  or  note  has  been  presented,  and  not  paid ; 
this  notice  must  be  given  to  every  party  which  you  wish  to  make 
liable  to  pay  the  same.  In  the  case  of  foreign  bills  it  is  neces- 
sary that  the  bill  be  protested  by  a  notary  for  non-payment.  For 
greater  security  it  is  customary  to  protest  all  bills  and  notes, 
inland  as  well  as  foreign,  for  non-payment,  and  drafts  for  non- 
acceptance. 

Bills  of  exchange  should  be  presented  for  acceptance  within  a 
reasonable  time,  and  should  be  presented  during  the  usual  hours 
of  business,  if  at  a  bank  within  the  usual  banking  hours.  If  the 
drawee  desires  it,  the  bill  should  be  left  with  him  twenty-four  hours, 
unless  in  the  meantime  he  accepts,  in  order  that  he  may  have 
time  to  look  over  his  account,  and  see  whether  he  has  sufficient 
funds  in  his  hands  or  whether  it  may  be  safe  for  him  to  accept 
the  bill.  If  the  drawee  destroy  the  bill,  or  refuse  to  return  it 
for  twenty-four  hours,  he  will  be  deemed  to  have  accepted  it. 
The  acceptance  must  be  in  writing,  signed  by  the  acceptor  or  his 
lawful  agent,  and  is  usually  written  across  the  face  of  the  bill. 

If  the  bill  is  not  paid  w^hen  due,  in  certain  cases  damages  are 
allowed  by  way  of  recompense  to  the  holder  as  in  the  following 
cases : 

1.  If  such  bill  shall  have  been  drawn  upon  any  person  or  per- 
sons at  any  place  in  either  of  the  States  of  Maine,  New  Hamp- 
shire, Vei^mont,  Massachusetts,  Ehode  Island,  Connecticut,  Kew 


92  THE  CLERK'S  ASSISTANT. 

Jersey,  Pennsylvania,  Ohio,  Delaware,  Maryland,  Yirginia  or  in 
the  District  of  Columbia,  three  dollars  upon  the  hundred,  upon 
the  principal  sum:  specified  in  such  bill. 

2.  If  such  bill  shall  have  been  drawn  upon  any  person  or  per- 
sons at  any  place  in  either  of  the  States  of  North  Carolina, 
South  Carolina,  Georgia,  Kentucky  or  Tennessee,  five  dollars 
upon  the  hundred,  upon  the  principal  sum  specified  in  such 
bills. 

8.  If  any  such  bill  be  drawn  upon  any  person  or  persons  at 
any  place,  in  any  other  state  or  territory  of  the  United  States, 
or  at  any  other  place  in,  or  adjacent  to,  this  continent  and  north 
of  the  equator,  or  in  any  British  or  other  foreign  possessions  in 
the  West  Indies,  or  elsewhere  in  the  Western  Atlantic  Ocean, 
ten  dollars  upon  the  hundred,  upon  the  principal  sum  specified 
in  such  bill. 

4.  If  such  bill  shall  have  been  drawn  upon  any  person  or  per- 
sons at  any  port  or  place  in  Europe,  ten  dollars  upon  the  hun- 
dred, upon  the  principal  sum  specified  in  such  bill.  (3  E.  S.,  70, 
5th  edition.) 

In  computing  the  time  when  a  note  or  bill  becomes  due,  the 
days  of  grace  are  to  be  added;  and  interest  is  charged  and 
allowed  for  them  just  the  same  as  if  they  formed  a  part  of  the 
note  or  bill  itself.  In  this  country  and  in  Great  Britian,  three 
days  are  allowed  as  days  of  grace,  to  be  counted  exclusive  of  the 
day  on  which  the  bill  or  note  falls  due,  and  inclusive  of  the  last 
day  of  grace ;  unless  the  last  day  happens  to  fall  on  a  Sunday  or 
on  a  general  holiday  or  day  of  rest,  and  in  that  case  the  note  or 
bill  becomes  due  on  the  day  preceding.  Days  of  grace  are  not  to 
be  allowed  on  all  notes  and  bills,  but  whether  days  of  grace  are 
to  be  allowed  or  not  depends  upon  the  question  whether  the 
instrument  is  payable  on  demand,  or  at  a  future  day. 

In  some  of  the  states  provisions  are  made  by  statute  defining 
what  kind  of  bills  shall  be  allowed  days  of  grace,  and  what  not. 
Thus  in  the  State  of  New  York,  the  statute  passed  April  17, 
1859,  provides  as  follows : 

§  1.  All  bills  of  exchange  or  drafts,  drawn  payable  at  sight,  at 
any  place  within  this  State,  shall  be  deemed  due  and  payable  on 
presentation,  without  any  days  of  grace  being  allowed  thereon. 


BILLS  OF  EXCHANGE,  &c.  93 

§  2.  All  checks,  bills  of  excliange  or  drafts,  appearing  on  tlieir 
face  to  liave  been  drawn  upon  any  bank,  or  upon  any  banking 
association  or  individual  banker,  carrying  on  banking  business 
under  the  act  to  authorize  the  business  of  banking,  which  are 
on  their  face  payable  on  any  specified  day  or  in  any  number  of 
days  after  the  date  or  sight  thereof,  shall  be  deemed  due  and  pay- 
able on  the  day  mentioned  for  the  payment  of  the  same,  without 
any  days  of  grace  being  allowed,  and  it  shall  not  be  necessary  to 
protest  the  same  for  non-acceptance. 

As  a  general  rule,  notes  that  are  not  negotiable  are  not  entitled 
to  days  of  grace.  This  class  of  notes  comprehends  such  as  are  not 
drawn  in  negotiable  terms,  and  such  as  neither  the  stjitute  law  nor 
any  recognized  and  established  custom  has  rendered  negotiable. 

New-year's  day,  the  fourth  day  of  July,  Christmas  day,  and 
any  day  appointed  or  recommended  by  the  Governor  of  this 
State  or  the  President  of  the  United  States,  as  a  day  of  fast  or 
thanksgiving,  shall  for  all  purposes  whatsoever  as  regards  the 
presenting  for  payment  or  acceptance,  and  of  the  protesting  and 
giving  notice  of  dishonor  of  bills  of  exchange,  bank  checks,  and 
promissory  notes,  be  treated  and  considered  as  is  the  first  day  of 
the  week,  commonly  called  Sunday,  and  all  bills  falling  due  on 
such  days  are  to  be  presented  on  the  day  previous. 

Where  a  note  is  assigned  or  transferred  after  maturity,  the 
assignee  takes  it  subject  to  all  equities  or  set-offs,  between  the 
maker  and  the  assignor,  but  if  transferred  before  it  is  due  he  takes 
it  without  being  subject  to  any  set-off. 

An  indorsement  in  blank  is  where  the  indorser  writes  his 
name  only  on  the  back  of  the  note,  and  it  is  a  mere  agreement  to 
pay,  on  the  usual  conditions  of  demand  and  notice.  If  he  wishes 
to  transfer  the  bill  without  making  himself  liable  he  should  write 
before  his  name  the  words  "  without  recourse." 

Where  a  note  is  to  be  on  interest  the  words  "  with  interest," 
or  "  with  use,"  should  be  specified  in  the  note,  otherwise  the  note 
will  not  draw  interest  till  maturity.  If  no  rate  of  interest  is 
specified  in  the  note,  and  it  is  made  payable  with  interest,  if  not 
made  payable  at  a  particular  place,  it  draws  the  rate  of  interest 
established  in  the  State  where  it  is  made,  but  if  made  in  one  State 
to  be  paid  in  another,  it  draws  interest  at  the  rate  in  the  State 
where  it  is  made  payable. 


94  »  THE  CLERK'S  ASSISTANT. 

Foreign  bills  of  excliange  are  usually  drawn  in  several  parts, 
tlie  whole  of  each  making  up  what  is  called  a  set.  Commonly 
the  drawer  delivers  to  the  payee  three  bills  of  the  same  tenor  and 
date ;  and  each  of  these  contains  a  condition  that  it  is  to  be  paid, 
provided  the  others  remain  unpaid ;  and  all  of  them  collectively 
amount  to  one  bill,  and  a  payment  to  the  holder  of  either  is  good, 
and  a  payment  of  one  of  the  set  is  payment  of  the  whole. 


FORMS. 


No.    X. 

BILL   OF   EXCHANGE.         t 

$500.  New  York,  July  3,  1859. 

Fifteen  days  after  sight,  pay  to  the  order  of  Mr.  A.  B.  five  hundred  dollars, 
and  charge  the  same  to  the  account  of 

C.  D. 
To  B.  P. 

Troy.  N.  Y.  

No.    3. 

PROMISSORY   NOTE. 
$200. 

Thirty  days  after  date  I  promise  to  pay  B.  E.,  or  order  (or  bearer),  two 
hundred  dollars  for  value  received. 

B.  F. 
Cohoes,  September  20,  1859. 


No.    3. 

JOINT   PROMISSORY   NOTE. 
$500. 

Sixty  days  after  date  we  jointly  promise  to  pay  C.  D.,  or  bearer  (or  order), 
five  hundred  dollars  for  value  received. 

A.  E 

B.  G 
New  York,  Sept.  20,  1859. 


T^o.    4. 

JOINT   AND   SEVERAL   PROMISSORY   NOTE. 
$600. 

Thirty  days  after  date  we  jointly  and  severally  promise  to  pay  E.  Q-.  (or 
bearer),  six  hundred  dollars,  for  value  received. 

B.  C. 
0.  H. 
Albany,  Sept.  20,  1859. 


96  THE  CLERK'S  ASSISTANT. 


No.    S. 

NOTE  PAYABLE  ON  DEMAND. 


$300. 

On  demand,  for  value  received,  I  promise  to  pay  A.  B.,  or  order  (or  bearer), 
three  hundred  dollars  (with  interest). 

0.  D. 
Hudson,  Sept.  20th,  1859. 


I«^o.  6. 

NOTE  PAYABLE  AT  BANK. 


$3U0. 

Thirty  days  aller  date  for  value  received,  I  promise  to  pay  B.  K,  or  order 
(or  bearer),  three  hundred  dollars  at  the  Albany  City  Bank. 

Albany,  Sept.  20th,  1859. 


JSo.    v. 

NOTE   NOT   NEGOTIABLE. 


$100. 

Two  months  after  date,  I  promise  to  pay  A.  M.,  one  nundrea  aollars  for 
value  received. 


L.  B. 


Newburgh,  Sept.  20th,  1859. 


JSct.    8. 

DUE    BILL. 


$50. 

Due  M.  A.,  fifty  dollars  with  interest  from  this  date. 
Troy,  Sept.  20th,  1859. 


A  M. 


No  .    O. 

MEMORANDUM   FOR   MONEY   LENT. 


$100. 

Borrowed  of  B.  P.,  one  hundred  dollars,  payable  on  demand  (with  interest). 

G.  C. 
Cohoes,  Sept.  20th,  1859. 


No.    lO. 

NOTE   WITH   SURETY. 
$75. 

Six  months  from  date,  I  promise  to  pay  E.  G.  or  order  (or  bearer),  seventy- 
Eve  dollars  for  value  received.  _   ^ 

C.  E., 
G.  A,  Surety 

Utica,  Sept.  20th,  1859. 


BILLS  OF  EXCHANGE,  &c.  97 


2Vo.    XX. 

NOTE    PAYABLE    BY   INSTALLMENTS. 


For  value  received,  I  promise  to  pay  A.  B.,  or  order  (or  bearer)  four  hun- 
dred dollars,  in  the  -following  manner :  one  hundred  dollars  in  three  months, 
one  hundred  dollars  in  nine  months  and  one  hundred  dollars  in  twelve  months 
from  date,  with  interest  on  the  several  sums  as  they  become  due. 


Albany,  Sept.  20th,  1859, 


B.  C. 


No.    13. 

GUARANTY  OF   PAYAIENT   OF   NOTE,    TO   BE  INDORSED. 

For  value  received,  I  guaranty  the  payment  of  the  within  note. 


B.  C. 


T«ro.    X3. 

GUARANTY   OF   COLLECTION   OF   NOTE   TO   BE   INDORSED. 

For  value  received  I  guaranty  the  collection  of  the  within  note. 


C.  B. 


No.    14. 

DRAFT   AT    SIGHT. 
$100. 

At  sight  pay  J.  C.  or  order  one  hundred  dollars  and  charge  the  same  to  my 
account,     Albany,  Sept.  6th,  1859, 

C,  K 
To  B.  A, 


No.    15. 

A   SET   OF   BILLS, 

No,  354.— Ex.  £100  Stg.  New  York,  Sept.  20th,  1859. 

Sixty  days  after  sight  of  this  my  first  of  exchange  (second  and  third  un- 
paid), pay  to  A.  B.'or  order,  one  hundred  pounds  sterling,  value  received,  and 
charge  the  same  to  the  account  of 

C.  D. 

To  Messrs  F.  E.  &  Co.,  * 

Liverpool. 

No.  354.— Ex.  £100  Stg.  New  York,  Sept.  20th  1859. 

Sixty  days  after  sight  of  this  my  second  of  exchange  (first  and  third  un- 
paid,, pay  to  A.  B.  or  order,  one  hundred  pounds  sterhng,  value  received, 
and  charge  the  same  to  the  account  of 

C.  D. 
To  Messrs.  F.  E.  &  Co., 

Liverpool. 

13 


« 


98  THE  CLERK'S  ASSISTANT. 

No.  354.— Ex.  £100  Stg.  •  New  York,  Sept.  20th,  1859. 

Sixty  days  after  sight  of  this  my  third  of  exchange  (first  and  second  un- 
paid), pay  to  A.  B.  or  order,  one  hundred  pounds  sterUn^,  value  received,  and 
charge  the  same  to  the  account  of 

CD. 

To  Messrs.  F.  E.  &  Co., 

Liverpool. 


No.    16. 

NOTICE   OF   PROTEST    OF   NOTE     FOR   NON-PAYMENT. 

New  York,  Sept ,.  1859. 

Please  take  notice  that  a  promissory  note  for  six  hundred  dollars,  dated 
July  10th,  1859,  made  by  B.  C,  indorsed  by  you,  having  been  duly  presented 
by  me  and  payment  thereof  demanded,  which  was  refused,  is  therefore  pro- 
tested for  non-payment,  and  that  the  holders  look  to  you  for  the  payment 

thereof 

C.  D., 

To  E.  F.,  Esq.  Notary  Public. 


JNo.    ir. 

KOTICE    OF   PROTEST    OF    BILL    FOR   NON-ACCEPTANCE. 

5800.  Boston,  Sept.  22d,  1859. 

A  bill  of  exchange  drawn  by  B.  C.  on  E.  G.,  for  eight  hundred  dollars  at 
ten  days  from  sight,  dated  Sept.  17th,  1859,  has  this  day  been  presented  for 
acceptance,  and  acceptance  of  the  same  refused  and  has  this  day  been  pro- 
tested for  non-acceptance. 

Yours  &c.,     C.  D., 

B.  C.    Esq.  Notary  Public. 


ISO.    18. 

NOTICE    OF   PROTEST    OF   BILL   OF   EXCHANGE    FOR   NON-PAYMENT. 

«30o.  Boston,  Sept ,  1859. 

A  bill  of  exchange  drawn  by  B.  A.  on  D.  C,  for  three  hundred  dollars, 
dated  August  10th,  1859,  pavable  twenty  days  after  sight*  in  favor  of  E.  H., 
and  accepted  by  the  said  C.  D.,  due  this  day,  is  protested  for  non-payment, 
by  direction  of  the  holder,  payment  having  been  duly  demanded  and  refused. 

The  holder  require?  of  you  payment  of  the  same,  with  interest,  cost  and 

-   P.  B., 

Notary  Public. 


ISO.   lO. 

CERTIFICATE    OF   PROTEST    OF   NOTE    FOR   NON-PAYMENT. 

State  of  New  York,  City  of  Albany,  ss.  Be  it  known  that  on  the  17th  day 
of  September,  in  the  year  of  our  Lord,  1859,  at  the  request  of  B.  G.,  I, 
K.  M.,  a  Notary  Pubhc,  duly  admitted  and  sworn,  dwelling  in  the  city  of  Al- 


BILLS  OF  EXCHANGE,  &c.  99 

bauy,  did  present  the  original  note  made  by  S.  il.,  for  sixty  dollars  (which  is 
hereunto  annexed)  at  the  place  of  business  of  said  S.  il.,  and  demanded  the 
payment  thereof,  which  was  refused.  I  therefore,  on  the  same  day  and  year 
above  written,  and  after  said  demand  and  refusal,  duly  notified  the  indorsers, 
of  the  non-payment  of  the  same  as  follows:  By  putting  in  the  post  office  in 
paid  city  of  Albany  notices  of  such  demand  of  pa^-ment  and  non-payment, 
addressed  as  fallows :  One  for  W.  S.,  directed  to  him  at  Boston,  Massachu- 
setts, and  one  for  B.  F.,  directed  to  him  at  New  York  Citj'^,  New  York,  and 
paid  the  postage  thereon,  each  of  the  above  named  places  being  the  reputed 
place  of  residence  of  the  person  to  whom  the  notice  Avas  directed,  and  the 
post  office  nearest  thereto. 

Whereupon,  I,  the  said  Notary,  at  the  request  aforesaid,  have  protested  and 
hereby  solemnly  protest,  against  the  drawer  and  indorsers  of  the  said  note, 
and  all  others  concerned,  for  all  exchange,  re-exchange,  costs,  damages  and 
interest  incurred,  or  to  be  incurred  by  reason  of  the  non-payment  of  the  said 
note. 

In  witness  whereof,  I  have  hereunto  subscribed  my  name  and  affixed  my 
seal  of  office  the  day  and  year  first  above  written. 

E.  R.  fL.  S.J 

Notary  Public. 


TSo.    30. 

CERTIFICATE   OF    PROTEST   OF   BILL   FOR   NON-ACCEPTANCE. 

State  of  New  Yoi-k,  City  and  County  of  New  Yorh,  ss.  Be  it  known  that 
on  the  21st  day  of  September  in  the  year  of  our  Lord,  1859,  at  the  request 
of  C.  C,  of  said  city,  I,  B.  A.,  a  Notary  Public,  duly  admitted  and  sworn, 
dwelling  in  the  city  of  New  York,  did  present  the  original  draft  or  bill  of  ex- 
change hereunto  annexed,  to  D.  E.,  at  his  place  of  business  the  drawee 
therein  named,  for  acceptance  Avho  refused  to  accept  the  same.  'Whereupon, 
I,  the  said  Notary  did  protest,  and  by  these  presents  do  publicly  and  solemnly 
protest,  as  well  against  the  drawee  (and  indorser)  of  the  said  bill,  as  against 
all  others  whom  it  doth  or  may  concern,  for  exchange,  re-exchange,  and  all 
costs,  damages  and  interest  already  incurred,  and  to  be  hereafter  incurred,  for 
want  of  acceptance  of  the  same. 

I,  therefore,  on  the  same  day  and  year  above  written,  and  after  said  de- 
mand and  refusal  duly  notified  the  maker  or  drawer  and  indorser  of  the  non- 
acceptance  of  the  same  as  follows:  By  putting  in  the  post  office  in  this  city 
notices  of  such  demand,  refusal  and  non-acceptance,  and  paying  the  postage 
thereon,  addressed  as  follows :  One  for  M.  B.,  directed  to  him  at  Auburn, 
New  York;  one  for  C.  C,  directed  to  him  at  Buffalo,  New  York;  one  for  L. 
M.,  at  Hartford,  Connecticut,  each  of  the  abovenamed  places  being  the  reputed 
places  of  residence  of  the  persons  to  whom  the  notice  was  directed,  and  the 
post  office  nearest  thereto. 

In  witness  whereof,  I  have  hereunto  subscribed  my  name  and  affixed  my 
seal  of  office. 

B.  A.  [L.  S.J 

Notary  Public. 


CHAPTEE  Vin. 

BILLS   OF  SALE   AJS^D   CHATTEL   MORTGAUii 

A  bill  of  sale  is  a  written  contract,  whicli  passes  an  interest  or 
title  in  goods  and  chattels.  K  fraudulent,  it  is  void  as  against 
third  persons.  A  promise  to  give  or  deliver  chattels  without 
consideration,  and  without  a  technical  delivery,  does  not  alter  the 
title  to  the  property,  but  a  bill  of  sale  properly  executed  will. 

A'chattel  mortgage  is  a  conditional  bill  of  sale,  subject  to  a 
defeasance,  or  prevention  of  the  consummation  of  a  perfect  title, 
on  the  performance  of  certain  conditions  to  be  performed  by  the 
mortgagor. 

Every  sale  made  by  a  vendor,  of  goods  and  chattels  in  his 
possession  or  under  his  control,  and  every  assignment  of  goods 
and  chattels  by  way  of  mortgage  or  security,  or  upon  any  con- 
dition whatever,  unless  the  same  be  accompanied  by  an  immedi- 
ate delivery,  and  be  followed  by  an  actual  and  continued  change 
of  possession  of  the  things  sold,  mortgaged  or  assigned,  shall  be 
presumed  to  be  fraudulent  and  void  as  against  the  creditors  of 
the  vendor,  or  the  creditors  of  the  person  making  such  assign- 
ment, or  subsequent  purchasers  in  good  faith ;  and  shall  be  con- 
clusive evidence  of  fraud,  unless  it  shall  be  made  to  appear  on 
the  part  of  the  jjersons  claiming  under  such  sale  or  assignment, 
that  the  same  was  made  in  good  faith  and  without  any  intent  to 
defraud  such  creditors  or  purchasers. 

Every  mortgage  or  conveyance,  intended  to  operate  as  a  mort- 
gage of  goods  and  chattels  hereafter  made,  which  shall  not  be 
accompanied  by  an  immediate  delivery,  and  followed  by  au 
actual  and  continued  change  of  possession  of  the  things  morL 
gaged,  shall  be  absolutely  void  against  the  creditors  of  the 
mortgagor,  and  as  against  subsequent  purchasers  and  mortgagors 
in  good  faith,  unless  the  mortgage,  or  a  true  copy  thereof,  shall  be 
filed  as  directed  in  the  succeeding  section. 


BILLS  OF  SALE  AND  CHATTEL  MORTGAGES.      101 

The  jnstrument  mentioned  in  tlie  preceding  section  shall  be 
filed  in  the  several  cities  and  towns  of  this  State,  where  the 
mortgagor  therein,  if  a  resident  of  this  State,  shall  reside  at  the 
time  of  the  execution  thereof;  and  if  not  a  resident,  then  in 
the  city  or  town  where  the  property  so  mortgaged  shall  be  at 
the  time  of  the  execution  of  such  instrument.  In  the  city  of 
New  York  such  instrument  shall  be  filed  in  the  ofl&ce  of  the  reg- 
ister of  said  city.  In  the  several  cities  of  .this  State  other  than 
the  city  of  New  York,  and  in  the  several  towns  in  this  State  in 
which  a  county  clerk's  office  is  kept,  in  such  clerk's  office;  'and 
in  each  of  the  other  towns  of  this  State  in  the  office  of  the  town 
clerk  thereof,  and  such  registers  and  clerks  are  hereby  required 
to  file  all  such  instruments  aforesaid  presented  to  them  respect- 
ively for  that  purpose,  and  to  indorse  thereon  the  time  of  receiv- 
ing the  same,  and  shall  deposit  the  same  in  their  respective  offices, 
to  be  kept  there  for  the  inspection  of  all  persons  interested. 

Every  mortgage  filed  in  pursuance  of  this  act  shall  cease  to  be 
valid  as  against  the  creditors  of  the  person  making  the  same,  or 
against  subsequent  purchasers  or  mortgagees  in  good  faith,  after 
the  expiration  of  one  year  from  the  filing  thereof;  unless  within 
thirty  days  next  preceding  the  expiration  of  the  said  term  of  one 
year  a  true  copy  of  such  mortgage,  together  with  a  statement 
exhibiting  the  interest  of  the  mortgagee  in  the  propertj^  thereby 
claimed  by  him  by  virtue  thereof,  shall  be  again  filed  in  the 
office  of  the  clerk  or  register  aforesaid,  of  the  town  or  city  where 
the  mortgagor  shall  then  reside.     (3  B.  >S.,  222,  5th  ed.) 

The  title  to  the  property  mortgaged  remains  in  the  mortgagor 
until  he  makes  default  in  the  conditions  of  the  mortgage ;  and 
his  interest  therein  can  be  levied  on  and  sold,  subject  however 
to  the  equitable  rights  of  the  mortgagee.  Whenever  default  is 
made  in  the  conditions  to  be  performed  by  the  mortgagor,  the 
title  to  the  property  vests  in  the  mortgagee  according  to  the  con- 
ditions of  the  mortgage.  If  the  mortgage  provides  that  the 
property  be  sold  to  pay  the  mortgage  debt,  and  the  surplus  be 
paid  to  the  mortgagor,  his  heirs,  executors  or  assigns,  then  such 
provisions  of  the  mortgage  are  to  be  followed  strictly. 


FORMS. 


BILL    OF   SALE. 


Know  all  men  by  these  presents,  that  I,  E.  D.,  of  the  city  of  Utica,  of  the 
first  part,  for  and  in  consideration  of  the  sum  of  fifty  dollars  lawful  money 
of  the  United  States,  to  me  in  hand  paid,  at  or  before  the  ensealing  and 
deli\:ery  of  these  presents,  by  C.  B.,  of  the  second  part,  the  receipt  whereof 
is  hereby  acknowledsred,  have  bargained,  sold,  granted  and  conveyed,  and 
by  these  presents  do  bargain,  sell,  grant  and  convey,  unto  the  said  party  of 
the  second  part,  his  executors,  administrators  and  assigns.  (Here  set  out 
the  articles  sold.)  To  have  and  to  hold  the  same  unto  the  said  party  of 
the  second  part,  his  executors,  administrators  and  assigns,  forever.  And  I 
do  for  myself,  my  heirs,  executors  and  administrators,  covenant  and  agree,  to 
and  with  the  said  party  of  the  second  part,  to  warrant  and  defend  the  said 
described  goods  hereby  sold  unto  the  said  party  of  the  second  part,  his  exe- 
cutors, administrators  and  assigns,  against  all  and  every  person  and  persons, 
whatsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  27th  day  of 
September,  1859. 

Signed,  sealed  and  delivered  ) 

in  the  presence  of  (  E.  D.  [l.  s.J 


No.    8. 

BILL    OF    SALE    OF    A    EEGtSTERED    VESSEL. 

To  all  people  to  whom  this  present  bill  of  sale  shall  come,  send  Greeting:  _ 

Know  ye,  that the  said ,  for  and  in  consideration  of to in 

hand  well  and  truly  paid,  at  or  before  the  ensealing  and  delivery  of  these 

presents,  by (the  receipt  whereof do  hereby  acknowledge,  and 

therewith  fully  and  entirely  satisfied  and  contented),  have  granted,  bargained, 

and  sold,  and  by  these  presents  do  grant,  bargain,  and  sell  unto  the  said 

all  the  hull  or  body  of  the  good ,  together  with  all  and  singular  her.  ._. .   , 

now  lying  at and at  the  port  of ,  the  certificate  of  whose  registry 

is  as  follows,  viz. : 

In  pursuance  of  an  act  of  the  Congress  of  the  TTnited  States  of  America, 
entitled,   "  An  act  concerning  the  registering  and  recording  of  ships  or  vessels," 

having  taken  and  subscribed  the. .  .required  by  the  said  act;  and  having 

that . .  .  only  owners  of  the  ship  or  vessel  called'  the ,  of ,  whereof 

is  at  present  master,  and  is  a  citizen  of  the  United  States; and  that 

the  said  ship  or  vessel  was And having  certified  that  the  said  ship 

or  vessel  has deck,,  .and mast;   and  that  her  length  is ., 

her  breadth ,  her  depth ,  and  that  she  measures tons ;  that  she  "S 

,  has ,  and head  ;  and  the  said having  agreed  to  the  descrlp- 


BILLS  OF  SALE  AND  CHATTEL  MORTGAGES.      103 

tion  and  admeasurement  above  specified,  and  sufficient  security  having  been 
given,  according  to  the  said  act,  the  said. . .  .has  been  duly  registered  at  the 
port  of  .... 

Griven  under. . .  .hand,  .and  seal,  .at  the  port  of. . . .,  this. . .  .day  of , 

in  the  year  18. . . . 

To  have  and  to  hold  the  said  granted  and  bargained ....  and  premises,  with 

all  the  appurtenances,  unto  the  said heirs,  executors,  administrators,  or 

assigns,  to only  proper  use,  benefit,  and  behoof  forever.     And. . .  .the  said 

...  .do  avouch to  be  the  true  and  lawful  owner,  .of  the  said.  .-.  .and  her 

appurtenances,  and  have  in full  power,  good  right,  and  lawful  authority, 

to  dispose  of  the  said ....  and  her  appurtenances  in  manner  as  aforesaid.  And 
furthermore ....  the  said  .  .  do . .  hereby  covenant  and  agree  to  warrant  and 
defend  the  said. . .  .and  appurtenances,  against  the  lawful  claims  and  demands 
of  all  persons  whatsoever,  unto. . .  .the  said 

In  witness  whereof, . . .  .the  said. . .  .ha.  .hereunto  set. . .  .hand,  .and  seal., 
the day  of. . . .,  in  the  year  of  our  Lord,  18 ... . 

Signed,  sealed,  and  delivered  ) 
in  presence  of  us,  J 


IVo.    3. 

BILL    OF    SALE    OF    AN    ENROLLED    VESSEL. 

To  all  people  to  whom  this  present  bill  of  sale  shall  come, send' 

Greeting : 

Know  ye,  that. . .  .the  said. . . .,  for  and  in  consideration  of to.    . .  .in 

hand  well  and  truly  paid,  at  or  before  the  enseahng  and  delivery  of  these  pre- 
sents, by (the  receipt  whereof do  hereby  acknowledge,  and 

therewith  fully  and  entirely  satisfied  and  contented),  have  granted,  bargained, 
and  sold,  and  by  these  presents  do  grant,  bargain,  and  sell  unto  the  said . , , , 

all  the  hull  or  body  of  tlie  good. . . .,  together  with  all  and  singular  her , 

now  lying  at. . . .,  and. . .  .at  the  port  of ,  the  certificate  of  whose  enroll- 
ment is  as  follows,  viz. : 

No Enrollment  in  conformity  to  an  act  of  the  Congress  of  the 

United  States  of  America,  entitled,  "  An  act  for  enrolling  and  licensing  ships 
or  vessels  to  be  employed  in  the  coasting  trade  and  fisheries,  and  for  regulat- 
ing the  same." 

4 having  taken  or  subscribed  the ....  required  by  the  said  act, 

and  having. . .  .that. . .  .citizen  of  the  United  States,  sole  owner  of  the  ship  or 

vessel  called  the. . . .,  of ,  whereof. . .  .is  present  master ;  and  as  he  hath 

...  .is  a  citizen  of  the  United  States,  and  that  the  said  ship  or  vessel  was. . , ., 

and. . .  .having  certified  that  the  said  ship  or  vessel  has deck. .,  and. .  . . 

mast.  .,  and  that  her  length  is. . . .,  her  breadth. . . .,  her  depth. . , .,  and  that 
she  measures ....  tons ;  ....  that  she  is ... ,  has . . . ,  and . . .  head ;  and  the  said 
....,  having  agreed  to  the  description  and  admeasurement  above  specified, 
and  sufficient  security  having  been  given,  according  to  the  said  act,  the  said 
....  has  been  duly  enrolled  at  the  port  of 

Given  under hand,  .and  seal. .,  at  the  port  of. . . .,  this day  of. . . ., 

in  the  year  18 

To  have  and  to  hold  the  said  granted  and  bargained. . .  .and  premises,  with 

the  appurtenances,  unto  the  said ,  heirs,  executors,  administrators,  or 

assigns,  to only  proper  use,  benefit,  and  behoof  forever.     And . . .  .the  saidi 

do  avouch. . .  .to  be  the  true  and  lawful  owner,  .of  the  said. . . .,  and  her 

appurtenances,  and  have  in. . .  .full  power,  good  right,  and  lawful  authority  to 

dispose  of  the  said and  her  appurtenances  in  manner  as  aforesaid.     And 

furthermore, ....  the  said do hereby  covenant  and  agree  to  warrant 


104  THE  CLERK'S  ASSISTANT. 

and  defend  the  said and  appurtenances,  against  the  lawful  claims  and 

demands  of  all  persons  whatsoever,  unto ....  the  said 

Iq  witness  whereof, the  said . .  ha . .  .hereunto  set hand . .  and  seals 

the day  of ,  in  the  year  of  our  Lord  18 

Signed,  sealed,  and  deUvered,  I 
&c.  J 


IV o.    4. 

CHATTEL   MORTGAGE   TO   SECURE   A  MONET   DEMAND. 

To  all  to  whom  these  presents  shall  come, ...    Greeting : 

Know  ye,  that  I,  A.  B.,  of  the  city  of  Albany,  party  of  the  first  part, 
for  securing  the  payment  of  the  sum  of  money  hereinatter  mentioned,  and 
in  consideration  of  the  sum  of  one  dollar  to  me  in  hand  paid,  at  or  before 
the  ensealing  and  deHvery  of  these  presents,  by  C.  D.,  of  the  same  place 
party  of  the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
have  granted,  bargained,  and  sold,  and  by  these  presents  do  grant,  bargain, 
and  sell,  unto  the  said  party  of  the  second  part,  all  that  one  horse  wagon 
and  harness,  one  horse  sleigh,  one  buffalo  robe,  and  one  cart,  and  all  other 
goods  and  chattels  whatsoever,  mentioned  and  expressed  in  the  schedule 
hereunto  annexed,  now  remaining  and  being  in  the  possession  of  the  said  A. 
B.  To  have  and  to  hold  all  and  singular  the  goods  and  chattels  above 
bargained  and  sold,  or  intended  so  to  be,  unto'  the  said  party  of  the  second 
part,  his  executors,  administrators,  and  assigns  forever.  And  the  said  party 
of  the  first  part,  for  himself,  his  heirs,  executors,  and  administrators,  all 
and  singular  the  said  goods  and  chattels  above  bargained  and  sold  unto  the 
said  party  of  the  second  part,  his  executors,  administrators,  and  assigns,  against 
the  said  party  of  the  first  part,  and  against  all  and  every  pei'son  and  persons 
whomsoever,  shall  and  will  warrant,  and  by  these  presents  forever  defend.  * 
Upon  condition,  that  if  the  said  party  of  the  first  part  shall  and  do  well  and 
truly  pay,  or  cause  to  be  paid  unto  the  said  party  of  .the  second  part,  his  exe- 
cutors, administrators,  or  assigns,  the  sum  of  $100  and  interest  thereon,  on  the 
1st  day  of  January  next,  then  these  presents  and  everything  herein  con- 
tained, shall  cease  and  be  void,  t  And  the  said  party  of  the  first  part,  for 
himself,  his  executors,  administrators,  and  assigns,  does  covenant  and  agree 
to  and  with  the  said  party  of  the  second  part,  his  executors,  administrators, 
and  assigns,  to  make  punctual  payment  of  the  money  hereby  secured ;  and  in 
case  default  shall  be  made  in  payment  of  the  said  sum  above  mentioned,  it 
shall  and  may  be  lawful  for,  and  the  said  party  of  the  first  part  does  hereby 
authorize  and  empower  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  with  the  aid  and  assistance  of  any  person  or  per- 
sons, to  enter  and  come  into  and  upon  the  dwelling  house  and  premises  of  the 
said  party  of  the  first  part,  and  in  such  other  place  or  places  as  the  said  goods 
and  chattels  are  or  may  be  held  or  placed,  and  take  and  carry  away  the  said 
goods  and  chattels,  to  sell  and  dispose  of  the  same  for  the  best  price  they  can 
obtain,  and  out  of  the  money  to  retain  and  pay  the  said  sum  above  mentioned, 
with  the  interest  and  all  expenses  thereon,  rendering  the  overplus  (if  any) 
unto  the  said  party  of  the  first  part,  his  executors,  administrators,  and  assigns. 
And  until  default  be  made  in  the  payment  of  the  aforesaid  sum  of  money,  the 
said  party  of  the  first  part  to  remain  and  continue  in  quiet  and  peaceable  pos- 
session of  the  said  goods  and  chattels,  and  the  full  and  free  enjoyment  of  the 
same  unless  the  said  party  of  the  second  part,  his  executors,  administrators^  or 
assigns  shall  sooner  choose  to  demand  the  same ;  and  until  such  demand  be 
made,  the  possession  of  the  said  party  of  the  first  part,  shall  be  deemed  the 
•possession  of  an  agent  or  servant,  for  the  sole  benefit  and  advantage  of  hia 
principal,  the  said  party  of  the  second  part. 


BILLS  OF  SALE  AND  CHATTEL  MORTGAGES.      105 

In  Avitness  whereof,  the  said  party  of  the  first  party  has  hereunto  set  hig 
hand  and  seal  this  27th  day  of  September,  1859. 
Sealed  and  deUvered  in  )• 
the  presence  of         C 

A.  B.  [L.  S.J 
(Schedule  referred  to  in  the  preceding  mortgage.) 
Here  set  out  a  Hst  of  the  articles. 

N.  B.  When  the  list  of  goods  are  not  all  embraced  in  the  body  of 
mortgage,  they  may  be  embraced  in  the  schedule,  which  should  be  signed  by 
the  mortgajjor. 


ay o.  5. 

CHATTEL   MORTGAGE   TO   SECURE   A   NOTE. 

(As  in  the  last  form  to  the  *  and  in  place  of  the  sentence  from  the  *  to  i 
insert  the  following:) 

Upon  condition,  that  if  the  said  party  of  the  first  part  shall  well  and  truly 
pay  at  maturity,  the  full  amoiyit,  principal  and  interest,  of  a  certain  promis- 
sory note  executed  by  the  said  party  of  the  first  part  for  $80  dated  Sept.  27. 
1859,  payable  to  the  order  of  the  said  0.  D.,  three  months  after  date,  then 
these  presents  and  everything  herein  contained,  shall  cease  and  be  void. 


CHATTEL   MORTGAGE   TO   SECURE   INDORSER. 

(As  in  the  No.  4  to  the  *  and  in  place  of  the  sentence  from  the  *  to  the  t 
insert  the  following :) 

Upon  condition,  that  if  the  party  of  the  first  part  shall  well  and  truly  pay 
at  maturity  the  full  amount,  principal  and  interest  of  a  certain  promissory  note 
and  save  the  party  of  the  second  part  harmless  therefrom,  dated  Sept.  25, 
1859,  for  the  sum  of  $100,  payable  two  months  from  date,  executed  by  the 
said  A.  B.,  and  indorsed  by  the  said  C.  D.,  for  the  benefit  and  advantage  of 
the  said  A.  B.,  then  these  presents  and  everything  herein  contained,  shall 
cease  and  be  void. 


No.   -7. 

CHATTEL  MORTGAGE  TO  SECURE  A  SURETY  ON  A  LEASE. 

(As  in  the  No.  4,  to  the  *  and  in  place  of  the  sentence  from  the  *  to  the  1 
insert  the  following :) 

Upon  condition,  that  if  the  party  of  the  first  part  shall  well  and  trulj'  pay  unto 
one  L.  M.,  his  representatives  or  assigns,  the  several  sums  of  money  which 
may  become  due  on  a  certain  lease  given  by  the  said  A.  B.,  to  the  said  L.  M., 
and  for  the  purposes  of  securing  the  payment  to  the  said  L.  M.,  of  the  said 
several  sums  in  the  lease  mentioned,  the  said  C.  D.  became  bound  unto  tho 
said  L.  M.,  by  an  instrument  in  writing,  dated  April  1,  1859,  the  payment  of 
which  said  sums,  when  the  same  respectively  become  due,  and  the  holding 
the  said  C.  D.  harmless  from  any  liability  as  surety  as  aforesaid,  will  render 
these  premises  and  everything  herein  contained  void. 

14 


1.06  THE  CLERK'S  ASSISTANT. 

No.    8. 

STATEMENT  TO  BE  FILED  WITH  A  COPT  OF  THE  MORTGAGE,  WITHIN  THIRTY  DATS 
NEXT  PRECEDING  THE  EXPIRATION  OF  ONE  YEArR  FROM  THE  TIME  OF  FILING 
THE    ORIGINAL    MORTGAGE. 

County  of  Albany,  toion  of  Bethlehem.  I,  C.  D.,  the  mortgagee  named  in 
the  original  mortgage  of  which  the  within  (or  foregoing)  is  a  copy,  hereby 
certify  that  the  sum  of  $100  and  interest  thereon  from  the  26th  day  of  Sep- 
tember, 1858,  is  still  due  on  said  mortgage  ;  which  sum  constitutes  the  amount 
of  my  interest  in  the  property  therein  mentioned  and  described. 

0.  D.,  Mortgagee. 

September  24th,  1859. 


T»fo.    O. 

NOTICE    OF    SALE    ON    FORECLOSURE    OF    CHATTEL    MORTGAGE. 

Take  notice  that  by  virtue  of  a  chattel  mortgage,  executed  by  A.  B.  to  C.  D., 
dated  March  3,  1859,  and  filed  in  the  office  of  the  town  clerk  of  Bethlehem 
{or  in  the  office  of  the  clerk  of  the  county  of  Albany),  on  said  3d  of  March, 
and  upon  which  default  in  payment  has  beenmade,  I  shall  sell  the  property 
therein  mentioned,  and  described  as  follows  :  (set  forth  the  articles)  at  public 
auction,  to  the  highest  bidder,  at  the  town  house  in  said  town,  on  the  28th 
day  of  September,  1859,  at  12  o'clock,  noon  of  that  day. 

C.  D.,  Mortgagee. 

Dated  SepL  16,  1859. 


* 


CHAPTER  IX. 

BONDS. 

An  obligation  or  bond  is  a  deed  whereby  the  obligor  obligates 
himself,  his  heirs,  executors  and  administrators,  to  pay  a  certain 
sum  of  money  to  another  at  a  day  appointed.  If  this  be  all,  the 
bond  is  called  a  single  bond.  But  there  is  generally  a  condition 
added,  and  if  the  obligor  does  some  particular  act  the  obligation 
shall  be  void,  or  else  shall  remain  in  full  force.  The  word  bond 
imports  a  sealed  instrument.  The  parties  to  a  bond  are  the 
obligor  and  the  obligee.  No  particular  set  of  words  are  essential 
to  create  an  obligation,  bat  any  words  which  declare  the  intention 
of  the  parties,  and  denote  that  one  is  bound  to  the  other  will  be 
suf&cient. 

The  condition  is  either  for  the  payment  of  money,  or  for  the 
performance  of  something  else.  In  the  latter  case,  if  the  con- 
dition be  against  some  rule  of  law  merely,  positively  impossible 
at  the  timeof  making  it,  uncertain  or  insensible,  the  condition 
alone  is  void,  and  the  bond  shall  stand  single  and  unconditional, 
for  it  is  the  folly  of  the  obligor  to  enter  into  such  an  obligation 
from  which  he  can  never  be  released.  If  it  be  to  do  a  thing 
wrong  in  itself,  the  obligation  itself  is  void,  the  whole  contract 
being  unlawful. 

When,  by  the  condition  of  an  obligation,  the  act  to  be  done 
to  the  obligee,  is  of  its  own  nature  transitory,  as  payment  of 
money,  delivery  of  goods,  or  the  like,  and  no  time  is  limited,  it 
ought  to  be  performed  in  a  convenient  time.  If  the  condition 
be  to  do  a  thing  within  a  certain  time,  it  may  be  performed  the 
last  day  of  the  time  appointed.  A  payment  before  the  day  is 
good.  If  the  condition  be  to  do  a  thing  within  a  certain  time,  it 
may  be  performed  the  last  day  of  the  time  appointed.  If  the 
condition  be  to  do  an  act,  without  limiting  any  time,  he  who  haa 
the  benefit  may  do  it  at  what  time  he  pleases.     When  the  place 


108  THE  CLERK'S  ASSISTANT. 

where  the  act  to  be  performed  is  agreed  upon,  the  party  who  19 
to  perform  it  is  not  obliged  to  seek  the  opposite  party  elsewhere ; 
nor  is  he  to  whom  it  is  to  be  performed  bound  to  accept  of  the 
performance  in  another  place. 

Single  bonds,  usually,  take  the  form  of  notes,  and  their  differ 
ence  from  a  note  is,  that  they  are  not  barred  by  the  statute  of 
limitations.     They  are  sometimes  called  penal  bills. 

A  bottomry  bond  is  in  the  nature  of  a  mortgage  of  a  ship, 
when  the  owner  takes  up  money  to  enable  him  to  carry  on  his 
voyage,  and  pledges  the  keel,  or  bottom  of  the  ship  (in  the 
name  of  the  whole),  as  a  security  for  the  re-payment..  In  which 
it  is  understood,  that  if  the  ship  be  lost,  the  lender  loses  also  his 
whole  money ;  but,  if  it  returns  in  safety,  then  he  shall  receive 
back  his  principal,  and  also  the  premium,  or  interest  agreed  up- 
on, however,  it  may  exceed  the  legal  rate  or  interest. 

A  respondentia  is  a  contract  of  a  similar  kind,  by  which  the 
goods,  and  not  the  vessel,  are  pledged.  It  binds  the  person  of 
the  borrower,  and  is  valid  even  though  ship  and  merchandise  be 
last 


FORMS. 


No.   1  .  , 

PENAL   BILL. 

Know  all  men  by  thede  presents,  that  I,  A.  B.,  do  acknowledge  myself  to 
owe  and  be  indebted  unto  C.  D.,  in  the  sum  of  §100,  lawful  nioney  of  the 
United  States,  to  be  paid  to  the  said  C.  D.,  his  executors,  administrators,  or 
assigns,  upon  the  15th  day  of  December  next  ensuing  the  date  hereof;  to 
■which  payment,  well  and  truly  to  be  made,  I  bind  myself,  my  heiis,  execu- 
tors, and  administrators,  firmly  by  these  presents. 

Irr  witness  whereof  I  have  hereunto  set  my  hand  and  seal  the  10th  day  of 
September,  1859. 

A.  B.  [l.  S.J 

If o.    3. 

PENAL    BILL ANOTHER    FORM. 

This  bill  binds  me,  A.  B.,   of ,  in  the  sum  of  $400, 

to  be  paid  unto  C.  D.,  his  executors,  administrators,  or  assigns,  on  or  before 

the day  of which  will  be  in  the  year ,  together  with 

lawful  interest  for  the  same ;  for  the  true  payment  whereof  I  do  bind  myself, 
my  heirs,  executors,  and  administrators,  unto  the  said  C.  D.,  his  executors, 
administrators,  and  assigns,  in  the  penal  sum  of  $800. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  11th  day  of 
March,  1859. 

A.  B.  [l.  S.J 

No.    3. 

COMMON    BOND. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  Albany  am 
held  and  firmly  bound  unto  C.  D.,  of  the  said  city,  in  the  sum  of  $1,000  [tJm 
amount  is  called  the  penal  sum,  and  is  commonly  double  the  amount  of  the  real 
debt,  in  order  to  cover  interest,  costs,  and  other  .contingendes\  good  and  laAvful 
money  of  the  United  States,  to  be  paid  to  the  said  C.  D.,  his  executors, 
administrators,  and  assigns ;  to  which  payment  well  and  truly  to  be  made,  I 
do  bind  myself,  my  heirs,  executors  and  administrators,  and  every  of  them, 
firmly  by  these  presents.  Sealed  with  my  seal,  dated  the  1st  day  of  March, 
A.  D.,  1859. 

The  condition  of  -this  obligation  is  such,  that  if  the  above-bound  A.  B.,  his 
heirs,  executors,  and  administrators,  or  any  of  them,  shall  and  do  well  and 
truly  pay,  or  cause  to  be  paid,  unto  the  above-named  C.  D.,  his  executors, 
administrators,  and  assigns,  the  just  and  full  sum  of  $500,  lawful  money  afore- 
said, with  legal  interest  for  tlie  same,  on  or  before  the  1st  day  of  January,  ia 


110  THE  CLERK'S  ASSISTANT. 

the  year  of  our  Lord  18G3,  without  fraud  or  further  delay ;  then  this  obliga- 
tion to  be  void  and  of  no  effect,  or  else  to  remain  and  be  in  full  force  and 
virtue. 

In  witness  whereof  I  have  hereunto  affixed  my  hand  and  seal  the  day  and 
year  first  above  written. 

A.  B.  Tl.  s.] 


BOND  WITH   CONDITIONS  AS  TO  INSURANCE  AND   INTEREST   GIVEN  WITH  A  MORTGAGE. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  Albany,  am  held  and  firmly 
bound  unto  C.  D.,  of  the  same  place  in  the  sum  of  $2,000,  lawful  money  of 
the  United  States  of  America,  to  be  paid  to  the  said  C.  D.,  or  to  his  certain 
attorney,  executors,  administrators  or  assigns,  for  the  which  payment  'well 
and  truly  to  be  made,  I  bind  myself,  my  heirs,  executors  and  administrators, 
firmly  by  these  presents.  Sealed  with  my  seal,  dated  the  1st  day  of  October, 
in  the  year  of  our  Lord  1859.* 

The  condition  of  this  obligation  is  such,  that  if  the  above  bounden  A.  B., 
his  heirs,  executors  and  administrators,  or  any  of  them,  shall  and  do  well  and 
truly  pay,  or  cause  to  be  paid  unto  the  above  mentioned  C.  D.  or  to  his  certain 
attorney,  executors,  administrators  or  assigns,  the  just  and  full  sum  of  $1,000, 
and  interest  as  follows:  $500  in  one  year  from  the  date  hereof,  and  $500 
in  two  years  from  the  date  hereof  with  interest  at  seven  per  cent  per  annum, 
interest  payable  semi-annually,  and  shall  keep  the  buildings  erected,  or  to  be 
erected,  on  the  premises  described  in  a  certain  mortgage  executed  by  the  said 
A.  B.,  and  bearing  even  date  herewith,  an^l  being  collateral  hereto,  insured  in 
some  solvent  incorporated  insurance  company  of  the  State  of  New  "XV)rk, 
against  loss  or  damage  by  fire,  to  an  amount  not  less  than  $800;  and  shall 
assign  the  pohcy  to  be  taken  for  such  insurance  to  the  obligee  herein,  or  his 
assigns,  as  collateral  security  hereto,  without  any  fraud  or  othe^  delay,  then 
this^'obligation  to  be  void,  or  else  to  remain  in  full  force  and  virtue. 

And  it  is  hereby  further  provided,  that  in  case  the  insurance  above  men- 
tioned shall  not  be  effected  or  cont.nued  in  the  manner  above  provided,  that 
then  the  said  obligee,  his  executors,  administrators  or  assigns,  may  eflect  or 
continue  such  insurance  in  the  name  of  the  said  obligor  or  otherwise,  and  the 
premiums  paid  therefor  shall  be  charged  as  part  of  the  principal  sum  hereby 
secured  to  be  paid. 

And  it  is  hereby  fiirther  provided,  that  in  case  any  installment  of  prmcipal, 
or  any  part  thereof,  or  any  interest  moneys,  or  any  part  thereof,  hereby  se- 
cured to  be  paid,  shall  remain  due  and  unpaid  for  the  space  of  sixty  days  after 
the  same  shall,  by  the  terms  hereof,  become  due  and  payable,  that  then  and 
in  that  case  the  whole  principal  sum  hereby  secured  to  be  paid,  together  with 
the  interest  thereon,  shall  (at  the  option  of  the  said  obligee  his  executors, 
administrators  or  assigns)  become  due  and  payable  forthwith,  any  thing  herein 
contained  to  the  contrary  notwithstanding. 

A.  B.  [l.  S.J 

Sealed  and  delivered  in  ) 


\ 


the  presence  of 


Tfo.    5. 

BOND   FOR   PAYMENT   OF   MONEY   AT   DIFFERENT  .TIMES. 

(As  in  the  last  form,  to  the  *  and  Ihen  as  follows:) 

The  condition  of  this  obligation  is  such,  that  if  the  above  bound  A.  B.,  hia 
heirs,  executors,  and  administrators,  or  any  of  them,  shall  well  and  truly  pay  or 


BONDS.  Ill 

cause  to  be  paid  unto  the  above  named  C.  D.,  liis  executors,  administrators  or 
assigns,  the  just  and  full  sum  of  $1,000,  lawful  money  as  aforesaid,  in  manner 
following,  to  wit:  §300  part  thereof,  on  the  1st  day  of  June  next  ensuing  the 
date  hereof;  $300  more  thereof  on  the  1st  day  of  December,  the  next  follow- 
ing ;  and  §400,  the  residue,  and  in  full  payment  thereof,  on  the  1st  day  of 
June  which  will  be  in  the  year  of  our  Lord  1861;  then  this  obligation  to  be 
void:  !■  t  if  def;i  't  shall  i  ^  made  in  i'  yment  of  any  r  either  of  tl  '  said 
sums  o:  the  days  and  timcjj  hereinbefou-  mentioned  aiii  appointed  for  pay- 
ment thereof  respectively,  then  this  bond  shall  remain  in  full  force  and  virtue. 

A.  B.  [l.  8.] 


IS^o.    6. 

BOND    TO    EXECUTE   A    CONVEYANCE. 

(As  in  No.  4  to  the  *  and  then  as  follows :) 

The  condition  of  this  obligation  is  such,  that  if  the  said  A.  B.,  on  or  before 
the  10th  day  of  September  next  ensuing  the  date  hereof,  or,  in  case  of  his 
death  before  that  time,  if  the  heirs  of  the  said  A.  B.,  within  three  months 
next  after  his  decease,  if  such  heirs  shall  be  then  of  full  age,  or,  if  within  age, 
then  within  three  months  after  such  heirs  shall  be  of  full  age,  shall  and  do, 
upon  the  reasonable  request,  and  at  the  charges  of  the  said  C.  D.,  his  heirs  or 
assigns,  make,  execute  and  acknowledge,  or  cause  so  to  be,  all  and  every  such 
deed  or  deeds,  conveyance  or  conveyances  whatsoever,  which  shall  be  need- 
ful for  conveying  and  confirming  unto  the  said  C.  D.,  his  heirs  and  assigns,  a 
good,  absolute  and  indefeasible  estate  of  inheritance  in  fee  simple,  clear  of  aU 
incumbrances,  of  and  in  a  certain  messuage,  &c.,  with  the  appurtenances ;  and 
if,  in  the  meantime,  and  while  and  until  the  same  deed  or  deeds  shall  be  exe- 
cuted, the  said  A.  B.,  his  heirs  and  assigns,  shall  and  do  permit  and  suffer  the 
said  C.  D.,  his  heirs  and  assigns,  peaceably  and  quietly  to  have,  hold  and  enjoy 
the  same  messuage  and  tract  of  land  ;  then  the  above  obligation  to  be  void, 
or  else  it  shall  be  and  remain  in  full  force  and  virtue. 

A.  B.  [l.  s.] 


BOND  TO  REFUND  A  LEGACY  IN  CERTAIN  EVENTS. 

(J.S  in  No.  4i  to  the*  and  then  as  follows :) 

Whereas  C.  B.  (the  father  of  the  said  A.  B.),  by  his  last  will  and  testament 
bearing  date,  &c.,  did  give  and  bequeath  unto  the  said  A.  B.  a  certain  legacy 
of  §2,000  (or,  one  equal  fourth  part  of  his  estate,  as  the  case  maij  be),  as  by 
the  said  will,  since  the  decease  of  the  said  C.  B.,  duly  proved  and  remaining 
in  the  Surrogate's  office  of  the  county  of  Oneida,  appears ;  now,  the  condition 
of  this  obligation  is  such,  that  if  any  part,  or  the  whole,  of  the  said  legacy 
shall,  at  any  time  after  the  payment  thereof  to  the  said  A.  B.,  appear  to  be 
wanting  to  discharge  any  debt  or  debts,  legacy  or  legacies,  which  the  said  execu- 
tors shall  not  have  other  assets  to  pay  ;  then,  and  in  such  case,  if  the  said  A.  B., 
his  heirs,  executors,  or  administrators,  shall  aq^  do  return  the  said  legacy,  or 
Buch  part  thereof  as  shall  appear  to  be  necessary  for  the  payment  of  the  said 
debts,  or  the  payment  of  a  proportionable  part  of  the  said  leg.acies,  then  the 
above  obligation  to  be  void  and  of  no  effect,  or  else  to  remain  in  full  force  and 
\  irtue. 

A.  B.  fL.  s.] 


112  THE  CLERK'S  ASSISTANT. 

JVo.  8. 

BOND  OF  INDEMNITY  TO  A  SURETY  IN  A  BOND. 

{As  in  No.  4:  to  the*  and  then  as  follows:) 

The  condition  of  this  obhgation  is  such,  that  whereas  the  above  named  C. 
D.,  at  the  special  instance  and  request  of  the  above  bound  A.  B.,  and  for  his 
debt,  together  with  and  as  well  as  he  the  said  A.  B.,  are  held  and  firmly  bound 
unto  one  Gr.  H.,  in  and  by  an  obligation  bearing  even  date  herewith,  in  the 
penal  sum  of  $3,000  conditioned  for  the  true  payment  of  $1,500,  according  to 
the  terras  and  conditions  therein  expressed ;  if  therefore  the  said  A.  B.,  his 
heirs,  executors,  or  administrators,  shall  well  and  truly  pay  or  cause  to  be  paid 
unto  the  above  named  Gr.  H.,  his  executors,  administrators  or  assigns,  the  sum 
or  sums  in  the  said  bond  mentioned,  and  at  the  time  when  they  respectively 
become  due,  in  the  discharge  of  the  obligation ;  and  shall  from  time  to  time, 
and  at  all  times  hereafter  save,  defend  and  keep  harmless,  and  indemnify  the 
said  C.  D.,  his  heirs,  executors,  and  administrators,  and  his  and  their  goods 
and  chattels,  lands  and  tenements,  of  and  from  the  said  obhgation,  and  of  and 
from  all  actions,  costs  and  damages,  for  or  by  reason  thereof,-  then  this  obh- 
gation to  be  void,  or  else  to  remain  in  full  force  and  virtue. 

A.  B.  [L.  s.] 


BOND   OF   INDEMNITY   ON   PAYING  LOST   NOTE. 

Know  all  men  by  these  presents,  that  we  C.  D.,  and  M.  N.,  are  held  and 
firmly  bound  unto  E.  F.,  and  Gr.  F.,  in  the  sura  of  $1,000  lawful  money 
of  the  United  States  of  America,  to  be  paid  to  the  said  E.  F.,  and  G.  F.,  their 
executors,  administrators  or  assigns ;  for  which  payment  well  and  truly  to  be 
made,  we  bind  ourselves,  our  and  each  of  our  heirs,  executors  and  administra- 
tors, jointly  and  severally,  firmly  by  these  presents.  Sealed  with  our  seals. 
Dated  this  3d  day  of  October,  1859. 

Whereas  the  above  named  E.  F.,  by  his  proraissory  note  signed  by  him  for 
the  said  G.  F.,  his  father,  and  himself,  dated  the  thirteenth  day  of  March, 
1858,  did  promise  to  pay  unto  Y.  Z.,  or  order,  $400,  sixty  days  after  date,  for 
value  received ;  and  such  said  note  was  afterwards  indorsed  by  the  said  Y.  Z, 
and  others,  and  became  the  property  of  A.  B.,  of  Rome,  as  the*  said  A.  B. 
avers :  and  whereas  the  said  A.  B.  alleges  he  sent  the  said  note  by  the  mail, 
on  the  5th  day  of  April  last,  to  the  above  bound  C.  D.,  to  be  received  by  him 
for  his  the  said  A.  B.'s  use ;  which  mail  being  robbed,  and  the  said  note  not 
having  been  offered  for  payment,  it  is  apprehended  the  said  note  was  stolen 
out  of  the  said  mail  or  otherwise  lost :  and  whereas  the  said  E.  F.  and  G.  F. 
have,  on  the  day  of  the  date  hereof,  at  the  request  as  well  of  the  «aid  A.  B. 
as  of  the  said  C.  D.,  and  upon  his  the  said  C.  D.  promising  to  indemnify  the 
said  E.  F.  and  G.  F.,  and  deliver  up  to  them  the  said  note  to  be  canceled, 
when  found,  paid  the  said  C.  D.  the  sum  of  $400,  in  full  satisfaction  and  dis- 
charge of  the  said  note  (the  receipt  whereof  the  said  C.  D.  does  hereby 
acknowledge) ;  the  condition,  therefore,  of  the  above  written  obligation  is 
such,  that  if  the  said  C.  D.,  his  heirs,  executors,  or  administrators,  or  any  of 
them,  do  and  shall,  from  time  to  time,  and  at  all  times  hereafter,  save,  defend, 
keep  harmless  and  indemnified,  the  said  E.  F.  and  G.  F.,  their  executors  and 
administrators,  of,  from,  and  against  the  said  note  of  $400,  and  of  and  from 
all  costs,  damages,  and  expenses,  that  shall  or  may  happen  to  arise  therefrom, 
and  also  deliver  or  cause  to  be  delivered  up  the  said  note,  when,  and  so  soon 
as  the  same  shall  be  found  to  be  canceled;  then  this  obhgation  to  be  void, 
otherwise  to  be  of  full  force  and  virtue. 

C.    D.  [L.  s.] 
M.  N.  [l.  S.1 


BONDS.  113 

I?o.    lO. 

BOND   OF   INDEMNITY   TO   SHERIFF. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.,  are  held 
and  firmly  bound  unto  S.  R.,  sheriff  of  the  county  of  Onondaga,  in  the  sura 
of  $1,000,  lawful  money  of  the  United  States,  to  be  paid  to  the  said  S.  R., 
or  to  his  certain  attorney,  executors,  administrators  or  assigns;  for  which 
payment  well  and  truly  to  be  made,  we  bind  ourselves,  our  and  each  of  our 
heirs,  executors  and  administrators,  jointly  and  severally,  firmly  by  these  pre- 
gents.     Sealed  with  our  seals.     Dated  tlie  4th  day  of  October,  1859.  * 

Whereas  the  above  bounden  A.  B.  did  obtain  judgment  in  the  Supreme 
Court  of  the  State  of  New  York,  against  R.  P.  for  $700  damages  and  costs, 
whereupon  execution  has  been  issued,  directed  and  delivered  to  the  said  S.  R., 
sherifl'  of  Onondaga  county  commanding  him,  that  of  the  goods  and  chattels 
of  the  said  R.  P.,  he  should  cause  to  be  made  the  damages  and  costs,  aforesaid. 
And  whereas  certain  goods  and  chattels  that  appear  to  belong  to  the  said  R.  P. 
are  claimed  by  N.  0. 

Now,  therefore,  the  condition  of  this  obligation  ^  such,  that  if  the  above 
bounden  A.  B.  shall  well  and  truly  save,  keep  andffear  harmless,  and  indem- 
nify the  said  S.  R.,  and  all  and  every  person  and  persons  aiding  and  assisting 
him  in  the  premises,  of  and  from  all  harm,  let,  trouble,  damage,  costs,  suits, 
actions,  judgments  and  executions,  that  shall  or  may  at  any  time  arise,  come, 
or  be  brought  against  him,  them,  or  any  of  them,  as  well  for  the  levying  and 
making  sale  under  and  by  virtue  of  such  execution,  of  all  or  any  goods  and  chat- 
tels which  he  or  they  shall  or  may  judge  to  belong  to  the  said  N.  0.,  as  well 
as  in  entering  any  shop,  store,  building,  or  other  premises,  for  the  taking  of 
any  such  goods  and  chattels,  then  this  obligation  to  be  void,  else  to  remain  in 
All'  force  and  virtue. 

A.  B.  [l.  8.] 
0.  D.  fL.  si 

Sealed  and  delivered ) 

in  presence  of       )  

Pfo.    XI.  ♦ 

BOND   FOR   PERFORMANCE   OF   A   CONTRACT   OR   AGREEMENT. 

{As  in  No.  10  to  the  *  then  as  follows:) 
The  condition  of  this  obligation  is  such,  that  if  the  above  bounden  A.  B.,  hi' 
executors,  administrators  or  assigns,  shall  in  all  things  stand  to  and  abide  by,  and 
well  and  truly  keep  and  perform,  the  covenants,  conditions  and  agreements 
mentioned  and  contained  in  an  instrument  of  agreement  this  day  entered  into 
by  and  between  him  and  the  said  S.  R.,  on  his,  the  said  A.  B.'s  part,  to  be 
kept  and  performed  at  the  time  and  in  the  manner  and  form  therein  specified, 
then  the  above  obligation  shall  be  void ;  else  to  remain  in  full  force  and  virtue. 

A.  B.  fL.  S.J 
C.  D.  |"l.  S.J 

i<ro.  13. 

A    BOTTOMRY    BOND. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  commander  and  two-thirda 
owner  of  the  ship  Sarah,  for  myself  and  C.  D.,  remainiii!.':  third  owner  of  the 
said  ship,  am  held  and  firmly  bound  unto  E.  F.  in  the  penal  sum  of  $2,000; 
for  the  payment  of  which,  well  and  truly  to  be  made  unto  the  said  E.  F.,  his 
heirs,  executors,  administrators,  or  assigns,  I  hereby  bind  myself,  my  heirs, 
executors,  and  administrators,  firmly  by  these  presents.  In  witness  Avhereof, 
I  have  hereunto  set  my  hand  and  seal  this  14th  day  of  December,  in  the  year 
of  our  Lord  1858. 
15 


114  THE  CLERK'S  ASSISTANT. 

Whereas  the  above  bound  A.  B.  hath  taken  up  and  received  of  the  said  R 
F.  the  full  and  just  sura  of  $1,000,  which  sum  is  to  run  at  respondentia  on  the 
block  and  freight  of  the  ship  Sarah,  whereof  the  said  A.  B.  is  now  master, 
from  the  port  or  road  of  Calcutta,  on  a  voyage  to  the  port  of  Boston,  having 

Eermission  to  touch',  stay  at,  and  proceed  to  all  ports  and  places  within  the 
mits  of  the  voyage,  at  the  rate  or  premium  of  twenty-five  per  cent  (25  per 
cent )  for  the  voyage.  In  consideration  whereof,  usual  risks  of  the  seas, 
rivers,  enemies,  fires,  pirates,  &:c.,  are  to  be  on  account  of  the  said  E.  F.  And 
for  the  further  security  of  the  said  E.  F.,  the  said  A.  B.  doth  by  these  presents 
mortgage  and  assign  over  to  the  said  JE.  F.,  his  heirs,  executors,  administrat<:)rs 
and  assigns,  the  said  ship  Sarah,  aiid  her  freight,  together  with  all  her  tackle, 
apparel,  &c.  And  it  is  hereby  declared  that  the  said  ship  Sarah  and  her 
fi-eight  is  thus  assigned  over,  for  the  security  of  the  respondentia  taken  up  by 
the  said  A.  B.,  and  shall  be  delivered  to  no  other  use  or  purpose  whatever, 
until  payment  of  this  bond  is  first  made,  with  the  premium  that  may  become 
due  thereon. 

Now,  the  condition  of  this  obligation  is  such,  that,  if  the  above  bound  A. 
B.,  his  heirs,  executors,  or  administrators,  shall  and  do  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  said  E.  F.,  or  to  his  attorneys  in  Boston  legally 
authorized  to  receive  the  same,  their  executors,  administrators  or  assigns,  the 
full  and  just  sum  of  §1,000,  being  the  principal  of  this  bond,  together  with  the 
premium  which  shall  become  due  thereupon,  at  or  before  the  expiration  of  90 
days  after  the  safe  arrival  of  the  said  ship  Sarah  at  her  moorings  in  the  harbor 
of  Boston,  or,  in  case  of  the  loss  of  the  said  ship  Sarah,  such  an  average  as  by 
custom  shall  have  become  due  on  the  salvage ;  then  this  obligation  to  be  void 
and  of  no  effect;  otherwise  to  remain  in  full  force  and  virtue.  Having  signed 
to  three  bonds  of  the  same  tenor  and  date,  the  one  of  which  being  accom- 
plished, the  other  two  to  be  void  and  of  no  efiect. 

A.  B.  [  L.  s.  J 

C.  D.  by  A.  B.  [  l.  s.  J 

T«^  o.    1.3. 

^  A   RESPONDENTIA   BOND. 

Know  all  men  by  these  presents,  that  we,  J.  F.,  commander  of  the  ship  Mary, 
and  P.  D.,  are  held  and  firmly  bound  toH.  B.  of  New  London,  merchant  in  the 
sum  or  penalty  of  $1,500  of  good  and  lawful  money,  to  be  paid  to  the  said  H.  B., 
or  to  his  certain  attorney,  executors,  administrators,  or  assigns ;  to  which  pay- 
ment, well  and  truly  to  be  made,  we  bind  ourselves,  jointly  and  separately, 
our  heirs,  executors,  and  administrators,  firmly  by  these  presents.  Sealed 
with  our  seals,  dated  this  4th  day  of  May,  and  in  the  year  of  our  Lord   1859. 

Whereas  the  above-named  H.  B.  has,  on  the  day  of  the  date  above  written 
advanced  and  lent  unto  the  said  J.  F.  and  P.  D.  the  sum  of  $750,  upon  the 
goods,  and  merchandises,  and  efiects,  laden  and  to  be  laden  on  board  the  good 
ship  or  vessel  called  the  Mary,  of  the  burthen  of  987  *ons,  or  thereabouts,  now 
riding  at  anchor  in  the  river  of  Thames,  outward  bound  to  Japan,  and  Avhereot 
J.  F.  is  commander,  by  his  acceptance  of  a  bill  of  exchange  to  that  amount, 
at  four  months  date,  for  the  account  of  them  the  said  J".  F.  and  P.  D. ;  now 
the  condition  of  this  obhgation  is  such,  that,  if  the  said  ship  or  vessel  do  and 
shall,  with  all  convenient  speed,  proceed  and  sail  from  and  out  of  the  said  river 
of  Thames  on  a  voyage  to  any  port  or  place,  ports  or  places,  in  the  East 
Indies,  China,  Hindostan  or  elsewhere  beyond  the  Cape  of  Good  Hope,  and 
fi  om  thence  do  and  shall  sail,  return,  and  come  back  into  the  said  river  of 
Thames  at  or  before  the  end  and  expiration  of  36  calendar  months,  to  be  ac- 
counted from  the  day  of  the  date  above  written,  and  there  to  end  her  said 
intended  voyage  (the  dangers  and  casualties  of  the  seas  excepted);  and  if  the 
said  J.  F.  and  P.  D.,  or  either  of  them,  their  or  either  of  their  heirs,  executors 
or  administrators,  do  and  shall,  within  30  days  next  after  the  said  ship  or  ves- 


BONDS.  115 

f»l  4hall  be  arrived  at  her  moorings  in  the  said  river  of  Thames  from  her  said 
intended  voyage,  or  at  or  upon  the  end  and  expiration  of  the  said  36  calendar 
months,  to  be  accounted  as  aforesaid  (which  of  the  said  times  shall  first  and 
next  hap{ien),  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  H.  B.,  his 
executors,  administrators,  or  assigns,  the  full  sum  of  $1,020,  together  with 
$15  per  calendar  month,  for  each  and  every  calendar  month,  and  so  propor- 
tionably  for  a  greater  or  lesser  time  than  a  calendar  month,  for  all  suchtim^^ 
and  so  many  calendar  months  as  shall  be  elapsed  and  run  out  of  the  said  36 
calendar  months,  over  and  above  20  calendar  months,  to  be  accounted  from 
the  day  of  the  date  above  written ;  or  if  in  the  said  voyage,  and  within  the 
said  30  calendar  months,  to  be  accounted  as  aforesaid,  an  utter  loss  of  the  said 
ship  or  vessel,  by  fire,  enemies,  men-of-war,  or  any  other  casualties,  shall  un- 
avoidably happen ;  and  the  said  J.  F.  and  P.  D.,  their  heirs,  executors,  or 
administrators,  do  and  shall,  within  6  calendar  months  next  after  such  loss, 
well  and  truly  account  for  (upon  oath,  if  required)  and  pay  unto  the  said  H. 
B.,  his  executors,  administrators,  or  assigns,  a  just  and  proportionable  average 
on  all  the  goods  and  effects  of  the  said  J.  F.,  carried  from  Connecticut  on 
board  the  said  ship  or  vessel,  and  the  net  proceeds  thereof,  and  on  all  other 
goods  and  effects  which  the  said  J.  F.  shall  acquire  during  the  said  voyage,  for 
or  by  reason  of  such  goods,  merchandises,  and  effects,  and  which  shall  not  be 
unavoidably  lost:  then  the  above  written  obhgation  to  be  void  and  of  none 
effect:  else  to  stand  in  full  force  and  virtue. 

J.  F.  [l.  s.] 
P.  D.  [l.  s.] 

BOND   OP   A  TREASURER    OF   A   COMPANT,    SOCIETY   OR   ASSOCIATION. 

Know  all  men  by  these  presents,  that  we  A.  B.,  C.  D.  and  E.  F.,  of  the 
town  of  Schodack,  county  of  Columbia,  are  held  and  firmly  bound  unto  the 

company  (or society  or association),  in  the  sum  of  $3,000  lawful 

money  of  the  United  States  of  America,  to  be  paid  to  said company  (or 

society  or association),  or  to  their  certain  attorney,  successor  or  assigns, 

for  the  which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators  firmly  by  these  presents.  Sealed  with  our 
seals.'    Dated  the  first  day  of  October,  in  the  year  of  our  Lord,  1859. 

Whereas  the  above  bound  A.  B.  has  been  chosen  treasurer  of  the. . .  .com- 
pany (or association  or society)  by  reason  whereof  he  will  receive  into 

his  hands  divers  sums  of  money,  goods,  and  chattels,  and  other  things,  the 

property  of  the  said company ;  now,  the  condition  of  this  obligation  ia 

such  that,  if  the  said  A.  B.,  his  executors  or  administrators,  shall  well  and 
truly  from  the  funds  in  his  hands  belonging  to  said  company,  pay  all  bills 
which  the  said  company  (or  the  board  of  directors  thereof)  shall  direct  to  be 
paid  from  such  funds,  when  duly  presented  to  him  with  the  proper  vouchers 
therefor,  and  at  the  expiration  of  his  said  office,  upon  due  request  to  him  or 
them  to  be  made,  shall  make  and  give  unto  such  auditor  and  auditors  as  shall 
be  appointed  by  the  said  company,  a  just  and  true  account  of  all  such  sum  or 
sums  of  money,  goods,  and  chattels,  and  other  things,  as  have  come  into  liis 
hands,  charge,  or  possession,  as  treasurer  aforesaid ;  and  shall  and  do  pay  and 
dehver  over  to  his  successor  in  oSice,  or  any  other  person  duly  authorized  to 
receive  the  same,  all  such  balances  or  sums  of  money,  goods,  and  chattels,  and 
other  things,  which  shall  appear  to  be  in  his  hands  and  due  by  him  to  the  said 
company  (or  society  or  association) ;  then  this  obligation  to  be  void,  or  else  to 
be  and  remain  in  full  force  and  virtue. 

A.  B.  [l.  s.] 
C.  D.  [l.  s.] 
E.  F    \l.  s.] 


CHAPTER     X. 

CLERKS  AND   CRIERS. 

The  clerks  of  the  several  counties  of  this  State  are  elected  at 
the  same  times  as  the  State  officers  are  elected.  They  are  elected 
for  the  period  of  three  years,  and  enter  upon  the  duties  of  their 
office,  on  the  first  day  of  January  succeeding  their  election.  They 
are  the  clerks  of  the  several  courts  held  in  their  respective  coun- 
ties, except  in  the  city  and  county  of  New  York.  They  are 
required  to  keep  their  offices  open  for  the  transaction  of  business 
every  day  in  the  year  except  Sundays  and  the  fourth  of  July ; 
in  the  city  and  county  of  Jsfew  York,  from  nine  o'clock  in  the 
forenoon,  to  four  o'clock  in  the  afternoon,  and  in  the  other  coun- 
ties of  the  State  from  nine  to  twelve  o'clock  in  the  forenoon,  and 
from  two  to  five  o'clock  in  the  afternoon. 

The  clerks  of  the  several  counties  (except  of  New  York,  Kings 
and  Westchester)  are  registers  for  their  several  counties.  The 
county  clerks  as  clerks  of  courts  of  record  may  administer  oaths, 
and  take  affidavits,  in  any  matter  or  proceeding,  except  where 
the  statute  requires  the  same  to  be  administered,  or  taken  before 
some  particular  officers.  Each  county  clerk  must  appoint  in 
writing  a  deputy  clerk,  who  after  taking  the  constitutional  oath 
of  office,  acts  instead  of  the  county  clerk  in  most  of  his  duties, 
whenever  the  clerk  is  absent  from  his  office. 

The  criers  of  the  courts  of  record  for  the  several  counties  are 
appointed  by  the  county  judges  of  the  respective  counties  (8  E. 
S.  306 ;  6th  Ed.) 


FORMS 


ISTo.  1. 

PROCLAMATION  ON  OPENING  COURT. 


Hear  ye !  hear  ye !  hear  ye  :  All  manner  of  persons  that  have  any  busi- 
ness to  do  at  this  county  court  (and  court  of  sessions),  {or  circuit  court  and 
court  of  oyer  and  terminer),  held  in  and  for  the  county  of  Orleans,  let  them 
draw  near  and  give  their  attendance  and  they  shall  be  heard. 


N"o.    2. 

FOR   SHERIFF   TO   RETURN   PROCESis, 


Sheriff  of  the  county  of  Orleans  I  return  the  writs  and  precepts  to  you 
directed  and  deUvered,  and  returnable  here  this  day,  that  the  court  may  pro- 
ceed thereon. 


:!sro.  3. 

TO   RETURN   RECOGNIZANCES,    &C. 

All  justices  ot  tne  peace,  coroners,  sheriffs,  and  other  officers,  who  have 
taken  any  recognizances,  examinations,  or  other  matters,  return  the  same  to 
the  court  here  that  they  may  proceed  thereon.        •  , 


No.   4. 

BEFORE   CALLING   GRAND   JURY. 


You  gqod  men  who  are  here  returned  to  inquire  for  the  people  of  the  State 
of  New  York,  for  the  bod^f  of  the  county  of  Orange,  answer  to  your  names 
every  man  at  the  first  call,  and  save  your  fines.  (Then  call  them  singly  in 
order.) 


No.    5. 

FOR   SILENCE   ON   CHARGING   GRAND   JURY. 

All  persons  are  strictly  charged  and  commanded,  to  keep  silence  while  tha 
court  is  giving  the  charge  to  the  grand  jury,  on  pain  of  imprisonment. 


118  THE  CLERK'S  ASSISTANT. 

ISTo.  6. 

OATH   OF   THE   FOREMAN   OF   GRAND   JTJRT. 

You,  as  foreman  of  this  grand  inquest,  shall  diligently  inquire  and  true  pre- 
sentment make  of  all  such  matters  and  things  as  shall  be  given  you  in  charge ; 
the  counsel  of  the  people,  of  your  fellows,  and  your  own,  you  shall  keep 
secret ;  you  shall  present  no  one  from  envy,  hatred,  or  malice,  nor  leave  any 
one  unpresented  for  fear,  favor,  aifection,  reward  or  hope  of  reward ;  but  you 
shall  present  all  things  truly  as  they  come  to  your  knowledge,  according  to 
the  best  of  your  understanding.     So  help  you  God. 


No.  r. 

OATH  OF  THE  GRAND  JURY. 


The  same  oath  your  foreman  hath  taken  on  his  part,  you  and  each  of  you 
shall  truly  observe  and  keep  on  your  part.     So  help  you  God. 


No.  8. 

PROCLAMATION    FOR   IMPOSING   FINES. 


Hear  ye  1  hear  ye !  hear  ye !  The  court  have  imposed  a  fine  of  $25  upon 
each  of  the  following  persons  for  their  non-attendance  as  grand  jurors  (petit 
jurors  or  constables)  at  this  court,  to  wit,  of  A.  B.,  of,  &c. 


No.  9. 

FOR  PERSONS  TO  APPEAR  ON  RECOGNIZANCES. 

Hear  ye  I  hear  ye !  hear  ye !  All  manner  of  persons  who  are  bound  by 
recognizance  to  prosecute,  or  prefer  any  bill  of  indictment  against  any  prisoner 
or  other  person,  let  them  come  forth  and  prosecute,  or  they  will  forfeit  their 
recognizances. 


ISTo.  lO. 

FOR   PERSONS   BOUND   TO   ANSWER. 


Hear  ye !  bear  ye !  hear  ye  I     A.  B.  come  forth  and  answer  to  your  name, 
and  save  yourself  and  your  bail,  or  you  will  forfeit  your  recognizance. 


3sro.  11. 

FOR   BAIL   TO   PRODUCE   PRINCIPAL. 

Hear  ye!  hear  ye  I  hear  yel  C.  D.  and  E.  F.,  bring  forth  A.  B.  your  pnn- 
cipal,  whom  you  have  undertaken  to  have  here  this  day,  or  you  will  forfeit 
your  recognizances. 


I 


CLERKS  AND  CRIERS.  119 

No.  13. 

FOR   DISCHARGE   OF   PERSONS   AGAINST   WHOM   NO   BILLS   ARE   FOUND. 

Hear  ye  I  hear  ye !  hear  ye !  If  any  man  can  show  cause  why  A.  B. 
should  stand  longer  bound  {or  imprisoned)  let  him  come  forth  and  he  shall  be 
heard ;  for  he  stands  upon  his  discharge. 


No   13. 

OF    DISCHARGE. 


Hear  ye !  hear  ye !  hear  ye  1  No  cause  being  shown  why  A.  B.  should 
any  longer  remain  in  custody  of  the  sheriff  of  the  county  of  Oswego,  he  is 
discharged. 


No.  14. 

BEFORE   CALLING   PETIT   JTTRT. 


Hear  ye  !  hear  ye !  hear  ye !  You  good  men  who  are  here  returned  to  try 
the  several  issues  to  be  tried  at  this  County  Court  and  Court  of  Sessions  {or  at 
this  Circuit  Court,  and  Court  of  Oyer  and  Terminer,)  held  in  and  for  the  county, 
of  Onondaga,  answer  your  names  at  the  first  call  and  save  your  fines. 


No.  15. 

OATH   OF   PETIT   JURORS   IN   CIVIL   CAUSES. 

Tou  and  each  of  you,  shall  well  and  truly  try  the  several  issues  which  you 
shall  have  in  charge  at  this  Circuit  Court,  and  true  verdict  give  in  them  respec- 
tively, according  to  evidence.     So  help  you  God. 


No.  16. 

PROCLAMATION    FOR   JURY   IN   A   CIVIL   CAUSE, 

Hear  ye  I  hear  ye  I  hear  ye !  Tou  good  men  who  are  here  empanneled 
and  returned  to  try  this  issue  joined,  between  A.  B.,  plaintiff,  and  C.  D., 
defendant,  answer  to  your  names  as  you  are  called,  and  save  your  fines. 


N^o.  ir. 

FOR   DEFENDANT   ON   AN   INQUEST. 

C.  D.  come  forth  and  make  your  challenges,  or  your  will  lose  you  challenges, 
and  an  inquest  will  be  taken  against  you  by  default. 


N^o.  18. 

FOR   PLAINTIFF   TO   APPEAR   AND    PROSECUTE. 

A.  B.,  appear  and  prosecute  your  action  or  your  default  will  be  entered. 


120  THE  CLERK'S  ASSISTANT. 

No,  19. 

FOR   A   WITNESS   TO   ANSWER   A   SUBPCENA. 

M  M.,  come  forward  and  testify  in  this  issue  joined  between  A.  B.,  plaia< 
tiff  and  C.  D.,  defendant,  according  to  the  command  of  a  subpoena  herein 
served  on  you,  or  your  default  will  be  entered. 


No.  30. 

FOR  ADJOURNMENT  OF  THE  COURT. 


Hear  ye  I  hear  ye  I  hear  ye .  All  manner  of  persons  who  have  any  further 
business  to  do  at  this  Circuit  Court  and  Court  of  Oyer  and  Terminer  (ot* 
County  Court  and  Court  of  Sessions),  may  depart  hence,  and  appear  here 
again  to-morrow  morning  at  9  o'clock,  to  which  time  this  {or  these)  courts  are 
adjourned. 


No.  21. 

FOR   OPENING   COURT   AFTER   ADJOURNMENT. 

Hear  ye !  hear  ye !  hear  ye  1  .AH  manner  of  persons  who  have  been  ad- 
journed over  to  this  hour,  and  have  any  further  business  to  do  at  this  Circuit 
Court  and  Court  of  Oyer  and  Terminer  (or  County  Court  or  Court  of  Sessions) 
may  draw  near  and  give  their  attendance,  and  they  shall  be  heard. 


No.  SS. 

OATH   OF   TRIERS   IN   A   CIVIL   ACTION   UPON   A   CHALLENGE   FOR   FAVOR. 

You  shall  well  and  truly  try,  and  truly  find,  whether  A.  B.,  the  juror  chal- 
lenged, stands  indifferent  between  E.  F.,  plaintiff,  and  C.  D.,  defendant,  in 
the  issue  about  to  be  tried.     So  help  you  God. 


No.  23. 

OATH   OF   WITNESS   ON   A   CHALLENGE   OF   JUROR. 

Tou  shall  true  answers  make,  to  such  questions  as  shall  be  put  to  you 
touching  the  challenge  of  A.  B.,  a  juror.     So  help  you  God. 


No.  24. 

OATH   OF   A   WITNESS   IN   A   CJVIL   ACTION. 

'The  evidence  you  shall  give  in  this  issue,  joined  between  A.  B.,  plaintiff, 
and  C.  D.,  defendant,  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth.     So  help  you  God. 


CLERKS  AND  CRIERS.  121 

OATH    OF    INTERPRETER. 

Tou  shall  interpiet  between  the  court,  the  jury,  the  counsel  and  the  wit- 
ness, in  this  issue  joined,  between  A.  B.,  plaintiff,  and  C.  D.,  defendant.  So 
help  you  God. 


OATH   OP   INTERPRETER   TO   A   DEAF   AND   DUMB   WITNESS. 

You  shall  well  and  truly  interpret  to  E.  F.,  a  witness  here  produced  in  Tae- 
half  of  A.  B.,  in  this  issue  joined,  between  A.  B.,  plaintiff,  and  0.  D.,  defend- 
ant, the  questions  and  demands  made  by  the  court  to  the  said  E.  F.,  and  his 
answers  made  to  them.     So  help  you  God. 


No.  27. 

OATH   OF   WITNESS   ON   VOIRE   DIRE. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  your  interest  in  the  event  of  this  action.     So  help  you  God. 


No.  S8. 

OATH   OF   PARTY   OR   WITNESS,    TO    ADMIT   EVIDENCE   OF   THE   CONTENTS   OF   A 
PAPER   NOT   PRODUCED. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  the  power  or  control  you  have  over  any  paper  {or  the  loss  or  destruc- 
tion of  any  paper)  which  would  be  proper  evidence  in  this  action.  So  help 
you  God. 


No.  S9. 

OATH   OF   A   PARTY   OR   INTERESTED  WITNESS   PRELIMINARY   TO   PROVING   THE 
HANDWRITING   OF   A   SUBSCRIBING   WITNESS. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you  touch- 
ing your  (or  the  plaintiff's  or  defendant's)  ability  to  procure  the  attendance  of 
A.  B.,  a  subscribing  witness  to  this  paper  (or  the  paper  in  question).  So  help 
you  God. 


N-o.    30. 

OATH   OF   CONSTABLE   ON    RETIRING    WITH   A   JURY   OR   JURORS   ON   LEAVE. 

You  shall  retire  with  such  jurors  as  have  leave  of  absence  from  this  court; 
you  shall  not  speak  to  them  yourself  in  relation  to  this  trial,  nor  suffer  any 
person  to  speak  to  them ;  and  you  shall  return  them  without  delay.  So  help 
you  God. 

No.    31. 

OATH   OF   CONSTABLE   TO    KEEP   JURY   ON   ADJOURNMENT. 

You  shall  retire  with  the  jury  to  some  convenient  room,  to  be  furnished  by 
the  sheriff;  you  shall  not  suffer  any  person  to  speak  to  them,  nor  speak  to 
16 


122  THE  CLERK'S  ASSISTANT. 

them  yourself  in  relation  to  this  trial,  and  return  jvith  tuem  at  the  order  of  the 
court.     So  held  you  God. 


ISTo.  32. 

OATH    OF    CONSTABLE    WHO    ATTENDS    THE    JURY   WHEN    THEY   RETIRE    TO    CONSIDER 
OF    THE    VERDICT    IN    CIVIL    AND    CRIMINAL    ACTIONS. 

You  shall  well  and  truly  keep  every  person  sworn  on  this  jury  in  some  pri- 
vate and  convenient  place,  without  meat  or  drink,  water  excepted ;  you  shall 
not  suflfer  any  person  to  speak  to  them,  nor  speak  to  them  yourself,  without 
leave  of  the  court,  except  it  be  to  ask  them  whether  they  have  agreed  on  their 
verdict,  until  they  have  agreed  on  their  verdict.     So  help  you  God. 


No.   33. 

OATH   ON   APPLICATION   TO   EXCUSE   OR   DISCHARGE   A   JUROR   OR   CONSTABLE. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you, 
touching  your  application  {or  the  application  for  and  in  behalf  of  A.  B.)  to  be 
discharged  {or  excused),  from  attendance  as  a  juror  {or  constable)  at  this  court. 
So  help  you  God. 

No.   34. 

OATH   ON   APPLICATION   OF   JUROR   OR   CONSTABLE   FOR    A    REMISSION    OF    A     FINE. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you,  touch- 
ing your  application  {or  the  application  for  and  in  behalf  of  A.  B.)  for  the 
remission  of  your  {or  his)  fine,  for  default,  in  attending  as  a  juror  (or  con- 
stable) at  this  {or  snmft  former)  term  of  this  court.     So  help  you  God. 


No.   35. 

or   POOR   "WTrNESSES   ON   APPLICATION   FOR   EXPENSES. 

You  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you,  touch- 
ing your  application  for  the  expenses  of  your  attendance  at  this  court  as  a 
■witness  in  behalf  of  the  People  of  this  State. 


No.   36. 

PROCLAMATION   FOR   ARRAIGNMENT   OF   PRISONERS. 

All  persons  are  strictly  charged  and  commanded  to  keep  silence  while  the 
court  proceed  to  arraign  the  prisoners  on  indictment  for  felony. 


N-o.    37. 

PROCLAMATION   FOR   CALLING   PETIT  JURY   IN    CRIMINAL   OASES. 

You  good  men,  who  are  here  returned  to  inquire  between  the  People  of 
the  State  of  New  York  and  A.  B.,  the  prisoner  at  the  bar,  answer  to  your 
names  as  you  are  called,  and  save  your  fines. 


« 


CLERKS  ANP  CRIERS.  123 

ISTo.    38. 

clerk's  address  to  the  prisoner  before  calling  the  jitrt. 

A.  B.,  these  good  men  that  you  shall  now  hear  called,  are  the  jurors  who 
are  to  pass  between  the  People  of  the  State  of  New  York  and  you  {or  in  a 
capital  case,  upon  your  Ufe  and  death) ;  if  therefore  you  will  challenge  them, 
or  any  of  them,  you  must  challenge  them  as  they  come  to  the  book  to  be 
sworn,  and  before  they  are  sworn,  and  you  shall  be  heard. 


TsTo.    39. 
PROCLAMATION   ON   SWEARING   THE   JUROB. 

Juror,  look  upon  the  priso.:er;  prisoner  look  upon  the  juror. 


No.    40. 

OATH   OF   JUROR. 


You  shall  well  and  truly  try,  and  true  deliverance  make,  between  the  Peo- 
ple of  the  State  of  New  York  and  A.  B.,  the  prisoner  at  the  bar,  whom  you 
shall  have  in  charge,  and  a  true  verdict  give  according  to  evidence.  So  help 
you  God. 


No.   41. 

TRIOR  S  OATH  ON  A  CHALLENGE  TO  THE  FAVOR. 

You  shall  well  and  truly  try  and  find  whether  C.  D.,  the  juror  challenged, 
stands  indifferent  between  the  People  of  the  State  of  New  York  and  the 
prisoner  at  the  bar.     So  help  you  God. 


FINDING   OF   THE   TRIORS. 

The  finding  is  that  C.  D.,  stands  (not)  indifferent. 


No.   43. 

OATH  OF  WITNESS  SWORN  BEFORE  THE  TRIORS. 

I  ou  shall  true  answers  make  to  such  questions  as  shall  be  put  to  you,  touch- 
ing the  challenge  of  C,  D.,  a  juror, 

No.    44.  • 

PROCLAMATION   FOP    A   WITNESS   UNDER    RECOGNIZANCE   TO    APPEAR    AND     TESTIFY 

Hear  ye !  h*'9.r  ye '  \-e^T  ye  I  G.  H.,  who  is  bound  by  recognizance  to  give 
evidence  against  4..  B ,  the  prisoner  at  the  bar,  come  forth,  answer  to  your 
name,  and  give  ''viaence,  or  you  will  forfeit  your  recognizance. 


124  THE  CLERK'S  ASSISTANT. 

No.    4=5. 

OATH   OF   A   WITNESS   ON   A  TRIAL   FOR   FELONY. 

The  evidence  that  you  shall  give  between  the  People  of  the  State  of  Ne-v» 
York  and  A.  B.,  the  prisoner  at  the  bar,  shall  be  the  truth,  the  whole  truth, 
and  nothing  but  the  truth.     So  help  you  God. 


]sro.  46. 

PROCLAMATION   BEFORE   SENTENCE  PRONOUNCED. 

Hear  ye  1  hear  ye !  hear  ye !  All  manner  of  persons  are  commanded  to 
keep  silence,  while  judgment  is  given  against  the  prisoner  at  the  bar,  upon 
paiu  of  imprisonment 

No.    47". 

PROCLAMATION    BEFORE   CALLING   JURY    ON   A   TRIAL   FOR   A   MISDEMEANOR. 

You  good  men  who  are  here  returned  to  try  this  issue  of  traverse,  between 
the  People  of  the  State  of  New  York  and  C.  D.,  the  defendant,  answer  to 
your  names  as  you  are  called,  and  save  your  fines. 


juror's   OATH   ON   A   TRIAL   FOR   MISDEMEANOR. 

You  shall  well  and  truly  try  this  issue  of  traverse,  between  the  People  of 
the  State  of  New  York  and  A.  B.,  the  defendant,  and  a  true  verdict  give 
therein  according  to  the  evidence.     So  help  you  God. 


IsTo.    49. 

OATH   OF   A   WITNESS   ON   A   TRIAL   FOR   A   MISDEMEANOR. 

The  evidence  you  shall  give  in  this  issue  of  traverse,  between  the  People  of 
the  State  of  New  York  and  A.  B.,  the  defendant,  shall  be  the  truth,  the  whole 
truth  and  nothing  but  the  truth.     So  help  you  God. 


No.    SO. 

clerk's   ADDRESS   ON   TAKING   A    RECOGNIZANCE. 

You  (and  each  of  you)  acknoAvledge  yourself  (or  yourselves)  to  be  indebted 
to  the  People  of  the  State  of  New  York  in  the  sum  of  $500  {or  to  wit:  you 
A.  B.  in  the  sum  of  $300  and  you  C.  D.  in  the  sum  of  $200)  to  be  levied  of 
your  (and  eadi  of  your)  goods  and  chattels,  lands  and  tenements,  to  the  use 
of  the  said  people,  if  default  shall  be  made  in  the  condition  following,  to  wit 
The  condition  of  this  recognizance  is  such,  that  if  (you)  A.  B.  shall  appear  at 
the  Court  of  Sessions  {or  of  Oyer  and  Terminer)  to  be  held  in  and  for  the 
county  of  Chemung,  then  and  there  (or  from  day  to  day  during  the  sitting 
of  this  court)  to  answer  and  stand  trial  upon  a  certain  indictment  against  you 
for  felony  {or  misdemeanor)  {or  to  testify  and  give  evidence  on  the  trial  of  a 
certain  indictment  against  E.  F.  for  felony  {or  misdemeanor)  and")  not  to  d«» 


CLERKS  AND  CRIERS.  125 

part  the  court  without  leave,  and  to  abide  its  order  and  decision,  then  this 
recognizance  to  be  void,  otherwise  to  remain  in  full  force  and  viitue.  Are 
you  (and  each  of  you)  content  ? 


ISTo.  51. 

clerk's  entry  'vvhen  an  attachment  issues  against  a  witness. 


The  People 

agt. 

A.     B. 


On  reading  and  filing  an  affidavit  of  the  due  service  of  a  subpoena  on  E.  F. 
to  appear  here  this  day  as  a  witness  on  the  trial  of  this  indictment,  and  he 
being  called  and  not  appearing,  and  on  motion  of  D.  A.,  Esq.,  District  Attorney, 
ordered  that  an  attachment  issue  against  the  said  E.  F 


No.  53. 

arraigxment  of  a  party  indicted. 


(After  reading  the  indictment  or  stating  to  the  prisoner  the  grand  jury  have 
indicted  you  for  a  felony  {or  a  misdemeanor),  here  state  the  facts  charged  in 
the  indictment.) 

Do  you  demand  a  trial  on  this  indictment  ?  Or  do  you  plead  guilty  or  not 
guilty  to  this  indictment? 


:N"o.  53, 

taking  a  verdict  in  a  capital  case. 

Gentlemen  of  the  jury,  please  answer  to  your  names  (call  them  one  by  one). 
Have  you  agreed  upon  your  verdict?  (answer  yes)  jurors,  look  upon  the  pris- 
oner. Who  shall  say  for  you  {the  foreman  rises) ;  how  say  you,  do  you  find 
the  prisoner  at  the  bar  guilty  of  the  felony  (and  murder)  whereof  he  stands 
indicted,  or  not  guilty  ?  (the  foreman  answers  "  guilty,"  or  "  not  guilty.") 
Then  the  clerk  adds : 

Hearken  to  your  verdict,  gentlemen,  as  the  court  hath  recorded  it.  You 
say  you  find  the  prisoner  at  the  bar  guilty  {or  not  guilty)  of  the  felony  (and 
murder)  whereof  he  stands  indicted,  and  so  you  all  say  ? 


No.  S4r. 
POLLING   A   JURY. 

Gentlemen  of  the  jury,  answer  to  your  names  as  you  are  called.  A.  B. 
how  say  you,  do  you  find  the  prisoner  at  the  bar  guilty  of  the  felony  (and 
murder)  whereof  he  stands  indicted,  or  not  guilty?  (and  so  call  the  rest  one 
by  one.) 

(In  cases  where  the  trial  is  not  capital,  the  two  last  forms  may  be  altered  aa 
follows,  in  No.  53  omit  jurors,  "  look  upon  the  prisoner,"  and  in  Nos.  53  and  54 
omit  "felony  (and  murder)"  and  say,  "misdemeanor,"  or  "crime,"  or 
"offence,"  or  "riot,"  or  "assault  and  battery  and  riot." 


126  THE  CLERK'S  ASSISTANT. 

No.  55. 

TAKING  VERDICT   IN   A   CIVIL   CAUSE. 

Gentlemen  of  the  jury  :  Please  answer  to  your  names  (call  them  singly). 
Have  you  agreed  upon  your  verdict?  How  do  you  find  {The  foreman  rises 
and  says) :  We  find  for  the  defendant  (or  for  the  plaintiff  $500  damages ;  or 
we  find  the  title  of  the  property  in  question  to  be  in  the  plaintiff,  and  assess 
the  value  thereof  at  $300.) 

(The  clerk  then  says):  Gentlemen,  listen  to  your  verdict  as  it  stands 
recorded.  You  say  you  find  &c.  (repeat  the  findinsc  of  the  jury),  and  so  you 
all  say. 


No.  56. 
ENTRY   OF  VERDICT 

SUPREME  COURT. 


A.     B 

agt. 
C.     D 


At  a  Circuit  Court  held  on  the  5th  day  of  September,  1859.  Present,  Hon. 
J.  H.,  Justice.  Jurors  (insert  their  names).  Witnesses  for  plaintiff  (insert 
names).     "Witnesses  for  defendant  (insert  names). 

Verdict  for  the  defendant  (or  verdict  for  plaintiff),  damages  $305,  or  verdict 
for  plaintiff  against  defendant  E.  C,  damages  $305,  and  verdict  for  the  defend 
ant  C.  C.  against  the  plaintiff:  or  verdict  for  the  plaintiff  and  the  value  of  the 
property  assessed  at  $328,  or  verdict  for  the  plaintiff  as  to  the  title  to  the  real 
property  and  damages  for  wrongfully  withholdmg  the  said  premises  assessed 
at$85L 


No.  57. 

POLLING  JURY   IN   CIVIL   ACTIONa 


A.  B.,  you  say  you  find  for  the  defendant  {or  you  find  for  the  plaintiff  and 
assess  his  damages  at  $1,000).  Put  the  same  question  to  each  of  the  jury, 
and  when  all  have  answered,  then  say  :  Then  gentlemen  of  the  jury,  hearken 
to  your  verdict,  as  the  court  has  recorded  it.  You  say  you  find  (state  the 
finding)  and  so  say  you  aU. 


No.  5S. 


CERTIFICATE  OF  COUNTY  CLERK  TO  THE  ACKNOWLEDGMENT,  OR  PROOF,  OF  A  CON- 
VEYANCE;- TO  BE  USED  EITHER  IN  THIS  STATE  OR  WHEN  SENT  TO  ANOTHER 
STATE. 

State  of  New  York,  City  and  County  of  Albany,  Clerk's  Office,  ss.  I,  R.  R.» 
clerk  of  the  said  city  and  county,  do  hereby  certify  that  A.  B.  whose  name  is 
subscribed  to  the  certificate  of  proof  or  acknowledgment  of  the  annexed 
instrument  in  writing  and  indorsed  thereon,  was  at  the  time  of  taking  such 
proof  or  acknowledgment,  a  justice  of  the  peace  in  and  tor  the  county  afore- 
said, dwelling  in  the  said  county,  and  duly  authorized  to  take  the  same :  And 
that  I  am  well  acquainted  with  the  handwriting  of  the  said  A.  B.,  and  verily 
beheve  that  the  signature  to  the  said  certificate  of  proof  or  acknowledgment 


CLERKS  AND  CRIERS.  127 

IS  genuine,  and  that  the  said  instrument  is  executed  and  acknowledged  accord- 
ing to  the  laws  of  the  State  of  New  York. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  aflSxed  my  official 
seal  tills  18th  day  of  October,  1859. 

R.  E.,   ChrTc.  [u  s.] 


No.  59. 

CERTIFICATE   OF   OFFICIAL   CHARACTER. 

State  of  New  York,  County  of  Chemung,  ss.  I,  B.  B.,  Clerk  of  the  said 
county,  do  hereby  certify  that  A.  A.,  the  person  subscribing  the  foregoing 
acknowledgment  (or  deposition)  and  before  whom  the  same  was  taken  {or 
acknowledged),  was  on  the  17th  day  of  October,  1859,  therein  mentioned,  the 
County  Judge  of  Chemung  county,  and  the  Judge  of  the  County  Court  of  said 
county  {or  one  of  the  Justices  of  the  Supreme  Court)  a  court  of  record,  and 
that  I  am  well  acquainted  with  the  handwriting  of  the  said  A.  A.,  and  verily 
believe  that  the  name  of  A.  A.,  subscribed  to  the  said  certificate,  is  his  prope'r 
and  genuine  signature. 

In  testimony  whereof,  &c.  (as  in  the  last  form). 


2Sro.  60. 

CERTIFICATE   TO  A  COPY  OF   A   RECORD  OR   PAPER  ON   FILE   IN   THE   CLERK's   OFFICE. 

State  of  New  York,  County  of  Chemung,  ss.  I,  B.  B.,  Clerk  of  said  county, 
do  hereby  certify  that  I  have  compared  the  foregoing  copy  of  (insert  name  of 
the  instrument)  and  of  the  indorsements  thereupon,  with  the  original  records 
of  the  same  remaining  in  this  office  (or  with  the  original  now  on  file  in  this 
office),  and  that  the  same  are  correct  copies  of  the  same  and  of  the  whole 
thereof. 

In  testimony  whereof,  &c.  (as  in  No.  58.) 


No.    61. 

NOTICE   TO   BE   PRINTED   OF   DRAWING  A   JURY, 

State  of  New  York,  City  and  County  of  Albany,  Clerk's  Office.  Notice  is 
hereby  given,  that  on  Monday  the  17th  day  of  October,  1859,  a  panel  of  petit 
and  grand  jurors  will  be  drawn  at  this  office,  to  serve  at  a  Circuit  Court  and 
Court  of  Oyer  and  Terminer  (or  Court  of  Sessions),  to  be  held  in  and  for  the 
City  and  County  of  Albany,  at  the  City  Hall,  in  the  City  of  Albany,  on  Mon- 
day, the  14th  day  of  November,  1859. 

R.  B.,   Clerk 


No.    63. 

NOTICE   OF   DRAWING   ADDITIONAL   JURY. 


State  of  New  York,  County  of  Albany.  In  the  Supreme  Court  of  the  State 
of  New  York.  Whereas,  in  my  opinion,  more  than  thirty-six  jurors  will  be 
required  to  attend  the  Circuit  Court  and  Court  of  Oyer  and  Terminer,  to  be 
next  held  in  and  for  the  County  of  Albany,  on  the  3d  Monday  of  September 


128  THE  CLERK'S  ASSISTANT. 

next,  I  do  hereby  order  and  direct  that  twenty -four  additional  jurors,  to  serve 
at  said  court,  be  drawn  and  summoned  according  to  law. 
Witness  my  hand  the  30th  day  of  July,  1860. 

G.  G., 
Justice  of  the  Supreme  Court  of  the  State  of  New  York. 

State  of  New  York,  City  and  County  of  Albany,  Clerk's  Office.  Notice  is 
hereby  given,  that  on  Friday,  the  17th  day  of  August,  1860,  in  pursuance  of 
the  foregoing  order  for  twenty-four  additional  jurors,  a  panel  of  petit  jurors  will 
be  drawn  at  this  office,  to  serve  at  a  Circuit  Court  and  Court  ot  Oyer  and  Ter- 
miner, to  be  held  in  and  for  the  City  and  County  of  Albany,  at  the  City  Hall, 
in  the  City  of  Albany,  on  Monday,  the  17th  day  of  September,  1860. 

E.  B.,   Clerk 


CHAPTER  XL 


CONTRACTS  AND  AGREEMENTS. 


The  terra  contract  includes  everj  description  of  agreement  or 
obligation,  whereby  one  party  becomes  bound  to  another  to  pay 
a  sum  of  money,  or  perform  or  omit  to  do  a  certain  act.  The 
agreement  must  in  general,  be  obligatory  on  both  parties,  or  it 
binds  neither.  To  this  rule,  however,  there  are  some  exceptions, 
as  in  the  case  of  an  infant's  contract.  He  may  always  sue, 
though  he  cannot  be  sued  on  his  contract.  There  must  be  a  good 
and  valid  consideration,  motive  or  inducement  to  make  the 
promise,  upon  which  the  party  is  charged,  for  this  is  of  the  very 
essence  of  a  contract  not  under  seal,  and  must  exist,  although 
the  contract  be  reduced  to  writing.  So  too,  there  must  be  a 
thing  to  be  done  which  is  not  forbidden ;  or  a  thing  to  be  omit- 
ted, the  performance  of  which  is  not  enjoined  by  law.  A  fraud- 
ulent or  immoral  contract,  one  contrary  to  public  policy  is  void, 
so  too  if  it  is  contrary  to  a  statute. 

For  the  purpose  of  preventing  litigation,  and  in  order  that  no 
misunderstanding  may  arise  between  individuals,  the  statute  has 
provided  that  certain  agreements  shall  be  considered  void  unless 
they  are  made  in  accordance  with  the  provisions  of  the  statute. 
Thus: 

In  the  following  cases  every  agreement  shall  be  void,  unless 
such  agreement,  or  some  note  or  memorandum  thereof,  express- 
ing the  consideration,  be  in  writing,  and  subscribed  by  the  party 
to  be  charged  therewith : 

i.  Every  agreement  that  by  its  terms  is  not  to  be  performed 
within  one  year  from  the  making  thereof; 

2.  Every  special  promise  to  answer  for  the  debt,  default  or 
miscarriage  of  another  person ; 

3.  Every  agreement,  promise  or  undertaking,  made  upon  con- 
sideration of  marriage,  except  mutual  promises  to  marry. 

lY 


130  THE  CLERK'S  ASSISTANT. 

Every  contract  for  the  sale  of  any  goods,  chattels  or  things  in 
action  for  the  price  of  fift}^  dollars  or  more,  shall  be  void  unless, 

1.  A  note  or  memorandum  of  such  contract  be  made  in  writ- 
ing, and  be  subscribed  by  the  parties  to  be  charged  thereby ;  or, 

2.  Unless  the  buyer  shall  accept  and  receive  part  of  such 
goods,  or  the  evidences,  or  some  of  them,  of  such  things  in  ac- 
tion ;  or, 

8.  Unless  the  buyer  shall  at  the  time  pay  some  part  of  the 
purchase  money. 

Every  contract  for  the  leasing  for  a  longer  period  than  one 
year,  or  for  the  sale  of  any  lands,  or  any  interest  in  lands,  shall 
be  void  unless  the  contract,  or  some  note  or  memorandum  there 
of  expressing  the  consideration,  be  in  writing,  and  be  subscribed 
by  the  party,  by  whom  the  lease  or  sale  is.  to  be  made  (3  E.  S., 
220,  1  and  2,  5th  ed.)  Such  instrument  may  be  executed  by  an 
agent  duly  authorized.  But  it  must  appear  that  the  instrument 
is  executed  as  the  deed  or  act  of  the  principal.  The  usual 
form  of  such  signature  is  A.  B.  by  C.  J).,  his  agent  or  attorney. 
If  the  instrument  is  sealed  it  should  appear  to  be  the  seal  of  the 
principal,  and  if  he  acknowledge  it  he  acknowledges  that  he  does 
it  as  <^e  act  of  A.  B.,  his  principal. 


FORMS 


Ifo.  X. 

AN  AGREEMENT  FOR  TUE  SALE  AND  PURCHASE  OF  LAND. 

Articles  of  agreement  made  and  concluded  this  1st  day  of  January,  A.  D. 
1859,  by  and  between  A.  B.  and  C.  D,,  of  Buffalo,  in  the  State  of  New  York. 

First.  The  said  A.  B.,  in  consideration  of  the  sura  of  $500,  to  him  paid  by 
the  said  C.  D.  (the  receipt  whereof  is  hereby  acknowledged),  and  in  further 
consideration  of  the  promise  of  the  said  C.  D.  hereinafter  contained,  doth  here- 
by promise  and  agree  to  and  with  the  said  C.  D.,  that  he  will,  on  or  before  the 
1st  day  of  July  next,  make  and  deliver  to  the  said  C.  D.  a  good  and  sufficient 
deed,  with  the  usual  covenants  of  warranty,  release  of  dower,  &c.,  of  all  that 

tract  of  land  situate,  lying,  and  being  in  the  town  of ,  in  the  county  of 

,  and  State  of ,  known  as  the ,  &c.  [or  bounded  and  des- 
cribed as  follows : J 

Second.  In  consideration  whereof,  the  said  C.  D.  doth  hereby  promise  and 
agree  to  and  with  the  said  A.  B.,  that  he  will,  on  such  deed  being  tendered  to 
him  by  the  said  A.  B.  on  or  before  the  said  1st  day  of  July  next,  pay  to  the  said 

A.  B.  the  further  sum  of dollars,  in  addition  to  the  payment  already 

made,  being  the  balance  of  the  purchase  money  h'ereby  agreed  upon  for  the 
said  tract  of  land. 

And  to  the  true  and  faithful  performance  of  all  the  agreements  herein  con- 
tained on  tA'e  part  of  the  said  A.  B.  and  C.  D.,  each  of  them  binds  himself) 
hi:  heirs,  executors  and  administrators,  to  the  other  and  his  heirs,  executors 
and  administrators. 

In  testimony  whereof  we  have  hereunto  set  our  hands,  on  the  day  and 
year  first  above  written. 

A.  B. 

Executed  and  delivered  in  presence  of  C.  D. 

E.  F. 
G.  H. 


Wo.    3. 

AN    AGREEMENT    TO    BE    SIGNED    BY   AN    AUCTIONEER,    AFTER   A    SALE     OF     LAND     AT 

AUCTION. 

I  hereby  acknowledge  that  A.  B.  has  been  this  day  declared  by  me  the 
highest  bidder  and  purchaser  of  all  that  certain  lot  of  land  (describe  the  land) 
at  and  for  the  sum  of  $1,000,  and  that  he  has  paid  into  my  hands  the  sum  of 
$100  as  a  deposit  and  in  part  payment  of  the  purchase  money ;  and  I  hereby 
agree,  that  the  vendor  C.  D.,  shall  in  all  respects  fulfill  the  conditions  of  the 
Bale. 

Witr.ess  my  hand  this  10th  of  March,  1859.  J.  S., 

Auctioneer- 


X32  THE  CLERK'S  ASSISTANT. 

3No.    3. 

AGREFMENT    TO   BE   SIGNED   BY   THE   PURCHASER   OF   LANDS   AT    AUCTION. 

I  hereby  acknoAYled.sre  that  I  have  this  day  purchased  at  pubHc  auction  all 
that  lot  of  lan<l  (describe  tlie  land)  for  the  sum  of  $1,000,  and  have  paid  into 
the  hands  of  J.  S.,  the  auctioneer,  the  sum  of  1 100  as  a  deposit,  and  in  part 
payment  of  the  said  purchase  money ;  and  I  hereby  agree  to  pay  the  remain- 
ing portion  of  the  purchase  money  unto  C.  D.,  the  vendor,  on  or  before  the 
15th  inst.,  in  accordance  witli  the  conditions  of  sale. 

Witness  my  hand  this  March  10,  1859.  A.  B. 


:iyo.  4. 

AGREEMENT  FOR  THE  SALE  OF  GOODS,  &C.,  AS  THEY  SHALL  BE  APPRAISED. 

Articles  of  agreement  made  between  A.  B.,  of  Troy,  and  C:  D.,  of  New 
York. 

It  is  hereby  agreed  by  the  said  parties,  that  all  and  singular  the  household 
goods,  furniture,  and  utensils,  Avhich  are  the  property  of  A.  B.,  and  contained 
m  and  belonging  to  the  dwelling  house  now  in  the  occupation  of  the  said  A. 
B.  {or  contained  in  the  schedule  hereunto  annexed),  shall,  at  the  joint  and 
equal  charge  of  the  said  parties,  be  appraised  by  E.  F.  and  G.  H.,  on  ov  before 
the  10th  day  of  June  next,  when  the  said  E.  F.  and  G.  H.  shall,  in  writing  by 
them  signed,  give  in  their  appraisement  to  the  said  parties;  and  in  case  the  ^ 
said  appraisers  shall  differ  in  such  valuation,  then  they  shall  choose  a  third  in- 
different person  as  an  umpire,  to  determine  the  same,  whose  valuation  of  the 
said  goods,  within  three  days  after  his  election,  shall  be  conclusive,  if  signed 
and  given  or  tendered  to  the  said  parties,  or  either  of  them.  And  the  said  A. 
B.  doth  covenant  with  the  said  C.  D.  that,  immediately  after  such  valuation, 
made  by  the  said  E.  F.  and  G.  H.,  or  by  such  umpire  as  aforesaid,  he,  the  said 
A.  B.,  will  make  an  absolute  bill  of  sale,  and  give  possession  of  all  the  said 
goods',  furniture,  and  utensils,  unto  the  said  C.  D.,  at  the  price  the  same  shall 
be  appraised  at  as  aforesaid.  '  And  the  said  C.  D.  doth  hereby  covenant  with 
the  said  A.  B.,  that  he  the  said  C.  D.  will  accept  the  said  goods,  at  the  said 
price,  and,  at  the  time  of  executing  such  bill  of  sale,  and  delivering  possession 
of  the  said  goods,  furniture,  and  utensils,  by  the  said  A.  B.  will  then  pay  to 
the  said  A.  B.  the  sum  of  money  for  which  the  same  shall  be  appraised  as 
aforesaid. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals  this  5th  day 

of  May,  A.  D.  1859.  .     ^    . 

•"  A.  B.  [l.  S.J 

C.  D.  [l.  s.] 

2Vo.    5. 

AN    AGREEMENT     TO    BUILD    A    HOUSE    ACCORDING     TO    A     PLAN    AND    SPECIFICATIONS 

ANNEXED. 

Be  it  remembered,  that  on  this  10th  day  of  May,  A.  D.  1859,  it  is  agreed 
by  and  between  A.  B.,  of  Albany,  and  C.  D,  of  Bern,  in  manner  and  form  fol- 
lowing, viz.  :  ,.     ,  • 

The  said  C.  D.,  for  the  considerations  hereinafter  mentioned,  doth  for  him- 
self, his  executors  and  administrators,  promise  and  agree  to  and  with  the  said 
A.  B  ,  his  executors,  administrators  and  assigns,  that  he,  the  said  C.  D.,  or  his 
assiirns,  shall  and  will,  within  the  space  of  four  months  next  after  the  date 
hereof,'in  good  and  workmanlike  manner,  and  according  to  the  best  of  his  art 
and  skill,  at  Bern,  well  and  substantially  erect,  build,  set  up,  and  finish  one 
house  or  messuage,  according  to  the  draught  or  scheme  and  specificadons  here- 


CONTRACTS  AND  AGREEMENTS.  133 

unto  annexed,  of  the  dimensions  following,  viz.,  &c.,  and  to  compose  the  same 
with  such  stone,  brick,  timber,  and  other  materials  as  the  said  A.  B.  or  his 
assigns  shall  find  and  provide  for  the  same  :  In  consideration  whereof,  the 
said  A.  B.  doth  for  himself,  his  executors  and  administrators,  promise  and 
agree  to  and  with  the  said  C.  D.,  his  executors,  administrators,  and  assigns, 
well  and  truly  to  pay  or  cause  to  be  paid,  unto  the  said  C.  D.  or  his  assigns, 
the  sum  of  §2,000  in  manner  following,  that  is  to  say,  the  sum  of  §1,000,  part 
thereof,  at  tlie  beginning  of  the  said  work;  the  sum  of  $1,000  more,  another 
part  thereof,  when  the  same  shall  be  completely  finished  ;  and  also  that  he,  the 
said  A..  B.,  his  executors,  administrators,  or  assigns,  shall  and  will,  at  his  and 
their  own  proper  expense,  find  and  provide  all  the  stone,  brick,  tile,  timber, 
and  other  materials  necessary  for  making  and  building  the  said  house.  And 
for  the  performance  of  all  and  every  the  articles  and  agreements  above  men- 
tioned, the  said  A.  B.  and  C.  D.  do  hereby  bind  themselves,  their  executors, 
&c.,  each  to  the  other,  in  the  penal  sum  of  §500,  firmly  by  these  presents. 
In  witness  whereof  &c. 

A.  B. 
C.  D. 


AN    AGREEMENT    FOR    THE    FREIGHT   OF    A    SHIP. 

Articles  of  agreement  between  W.  M.,  master  of  the  ship  Good  Speeu, 
burthen  about  800  tons,  now  at  anchor,  in  harbor  of  New  York,  and  forthwith 
bound  out  on  a  voyage  to  Lisbon,  of  the  one  part,  and  Y.  Y.  of  New  York, 
mercliant,  of  the  other  part. 

The  said  W.  M.,  for  the  consideration  hereunder  mentioned,  doth  covenant 
with  the  said  Y.  Y.,  his  heirs  and  assigns,  that  the  ship  aforesaid  shall,  with  all 
expedition,  be  made  ready,  and  provided  in  all  respects  for  the  voyage  afore- 
paid,  and  shall  receive  on  board  for  the  said  Y.  Y.  the  goods  following  (here 
enumerate  them),  and,  within  three  days  after  the  date  hereof,  shall  set  sail 
directly  to  Lisbon;  and  within  five  days  after  her  arrival  there,  shall  unlade 
and  deliver  the  same  to  the  factors  of  the  said  Y.  Y.  (the  dangers  of  the  seas, 
enemies,  and  the  restraint  of  princes  and  rulers,  only  excepted).  And  the 
said  Y.  Y.,for  himself,  his  heirs  and  assigns,  doth  covenant  with  the  said  W. 
M.,  his  heirs  and  assigns,  that  he,  the  said  Y.  Y.  his  heirs  and  assigns,  shall 
lade,  or  tender  the  said  goods  to  be  laden,  on  board  tlie  said  ship,  and  receive 
and  discharge  the  same  from  on  board  the  same  at  L.  aforesaid,  within  the 
respective  times  before  limited  ;  and  will  pay  unto  the  said  W.  M.,  his  heirs 

and  assigns,  for  freight  thereof,  at  the  rate  of ,  immediately  after  a  right 

discharge  and  delivery  of  the  same  at  L.  aforesaid,  Avith  primage  and  average 
accustomed,  and  two-thirds  of  all  port  charges  to  grow  due  during  the  said 
voyage,  the  other  third  part  thereof  to  be  paid  by  the  said  W.  M. 

In  witness  whereof,  the  said  parties  have  hereunto  affixed  their  hands  and 
seals  this  7th  day  of  November,  1859. 

W.  M.  iL.  s.] 

1.     Y.    [L.   s.]   , 


3Vo.    <7. 

AN  AGREEMENT  TO  ENGRAVE  CUTS  FOR  A  BOOK. 

Articles  of  agreement  made  between  A.  A.,  publisher  of  the  city  of  Boston, 
and  B.  B.,  an  engraver  of  the  same  place,  witnesseth  that : 

The  said  B.  B.,  for  the  consideration  hereinafter  mentioned,  doth  for  him- 
self, his  heirs  and  assigns.  &:c..  covenant  with  the  said  A.,  his  heirs  and  assigns. 


L34  THE  CLERK'S  ASSISTANT. 

that  he  the  said  B.,  at  his  own  charges,  will  provide  good  and  proper  copper 
plates,  and  will  engrave  thereon  the  effigy  of  every  president  of  the  United 
States,  including  the  present  president;  and  will,  in  a  workmanlike  manner, 
finish  and  deliver  every  such  effigy  within  fourteen  days  next  after  every 
notice  shall  be  given  for  the  delivery  of  the  same.  And  the  said  A.,  in  con- 
sideration thereof,  for  himself,  his  heirs  and  assigns,  doth  covenant  that  he,  the 
said  A.,  or  his  heirs  and  assigns,  will  pay  to  the  said  B.,  upon  the  delivery  of 
every  such  effigy  as  aforesaid,  the  sum  of  $50. 

In  witness  whereof,  we,  the  said  A.  and  B.,  have  hereunto  set  our  hands 
and  seals  this  7th  day  of  November,  in  the  year  1859. 

A.  A.  [l.  s.] 
B.  B.   [l.  S.J 

3Vo.    8. 

CONTRACT    OF    COPARTNERSHIP. 

Articles  of  copartnership  made  this  8th  day  of  November,  1859,-by  and 
between  E.  D.,  and  H.  W.,  both  of  the  city  of  Hudson,  witnesseth  that : 

The  said  parties  hereby  agree  to  form,  and  do  form  a  copartnership,  for  the 
purpose  of  carrying  on  the  general  produce  and  commission  business  on  the 
following  terms  and  articles  of  agreement,  to  the  fixithful  performance  of  which 
they  mutually  engage  and  bind  themselves  each  to  the  other. 

The  style  and  name  of  the  copartnership  shall  be  D.  and  W.,  and  shall 
commence  on  the  1st  day  of  December,  1859,  and  continue  for  the  period  of 
five  years. 

Each  of  said  parties  agree  to  contribute  to  the  funds  of  the  partnership  the 
sum  of  $3,000  in  cash,  which  shall  be  paid  in,  on  or  before  the  1st  day  of 
December,  1859,  and  each  of  said  parties  shall  devote  and  give  all  his  time 
and  attention  to  the  business  and  to  the  care  and  superintendence  of  the 
same. 

All  profits  which  may  accrue  to  the  said  partnership  shall  be  divided  equally, 
and  all  losses  happening  to  the  said  firm,  whether  from  bad  debts,  deprecia- 
tion of  goods,  or  any  other  cause  or  accident,  and  all  expenses  of  the  business 
shall  be  borne  by  the  said  parties  equally. 

Ail  the  purchases,  sales,  transactions  and  accounts  of  the  said  firm  shall  be 
kept  in  regular  books,  which  shall  be  always  open  to  the  inspection  of  both 
parties  and  their  legal  representatives  respectively. 

An  account  of  stock  shall  be  taken,  and  an  account  between  the  parties 
shall  be  settled  as  often  as  once  a  year,  and  as  much  oftener  as  either  partner 
may  desire  and  in  writing  request. 

Neither  of  the  said  parties  shall  subscribe  any  bond,  sign  or  indorse  any 
note  of  hand,  accept,  sign,  or  indorse  any  draft  or  bill  of  exchange,  or  assume 
any  other  liability,  verbal  or  written,  either  in  his  own  name  or  in  the  rftime  of 
the  firm,  for  the  accommodation  of  any  other  person  or  persons  whatsoever, 
without  the  consent  in  writing  of  the  other  party ;  nor  shall  either  party  lend 
any  of  the  funds  of  the  copartnership  without  such  consent  of  the  other 
partner. 

No  large  purchase  shall  be  made,  nor  any  transaction  out  of  the  usual 
course  of  the  business  shall  be  undertaken  by  either  of  the  partners,  without 
previous  consultation  with,  and  the  approbation  of,  the  other  partner. 

Neither  shall  withdraw  from  the  joint  stock,  at  any  time,  more  than  his 
share  of  the  profits  of  the  business  then  earned,  nor  shall  either  party  be  en- 
titled to  interest  on  his  share  of  the  capital ;  but  if,  at  the  expiration  of  the 
year,  a  balance  of  profits  be  found  due  to  either  partner,  he  shall  be  at  liberty 
to  withdraw  the  said  balance,  or  to  leave  it  in  the  business,  provided  the  other 
partner  consent  thereto,  and  in  that  case  he  shall  be  allowed  interest  on  the 
said  balance. 


CONTRACTS  AND  AGREEMENTS.  135 

At  the  expiration  of  the  aforesaid  term,  or  earlier  dissolution  of  this  co- 
partnership, if  the  said  parties  or  their  legal  representatives  cannot  agree  in 
tiie  division  of  the  stoclc  then  on  hand,  the  whole  copartnership  effects,  ex- 
cept tlie  debts  due  to  the  firm,  shall  be  sold  at  public  auction,  at  which  both 
parties  shall  be  at  liberty  to  bid  and  purchase  like  other  individuals,  and  the 
proceeds  shall  be  divided,  after  payment  of  the  debts  of  the  firm,  in  the  pro- 
portions aforesaid. 

For  the  purpose  of  securing  the  performance  of  the  foregoing  agreements, 
it  is  agreed  that  either  party,  in  case  of  any  violation  of  them  or  either  of 
thera  by  the  other,  shall  have  the  right  to  dissolve  this  copartnership  forth- 
y,  ith,  on  his  becoming  informed  of  such  violation. 

In  witness  whereof,  we,  the  said  E.  D.  and  H.  W.,  have  hereto  set  our 
hands  the  day  and  year  first  above  written. 


Executed  and  delivered  ) 
in  presence  of,         ) 


E.  D. 
H.  W, 


ISO  .    9. 

AGREEMENT   TO   CONTINUE   THE     PARTNERSHIP,     TO   BE   INDORSED   ON   THE   ORIGINAll. 

ARTICLES. 

Whereas,  the  partnership  evidenced  by  the  within  written  articles,  has  this- 
day  expired  by  the  limitations  contained  herein  (or  will  expire  on  the  1st  day 
of  January,  1860)  it  is  hereby  mutually  agi-eed  that  the  same  shall  be  contin- 
ued on  the  same  terms,  and  with  all  the  provisions  and  restrictions  herein 
contained  for  the  further  term  of  three  years  from  this  date  {or  from  the  1st 
day  of  January,  1860). 

In  witness  whereof,  we  have  hereto  set  our  hands  this  8th  day,  of  Novem- 
ber, 1859. 

E.  D. 

H.  W. 


I«^o.    XO. 

AGREEMENT   TO   SELL    MANUSCRIPT   OF   AND   COPYRIGHT   IN   A   BOOK. 

Articles  of  agreement  made  the  8th  day  of  November,  1859,  by  and  be- 
tween M.  M.  and  B.  B.,  both  of  the  city  of  Poughkeepsie,  witnesseth : 

That  the  said  M.  M.,  for  and  in  consideration  of  $1,000,  and  other  consid- 
erations herein  named,  has  this  day  sold  to  the  said  B.  B.,  manuscript  copy  for 
the  publication  of  book  to  be  called  "  The  Spread  Eagle,"  including  the  index, 
and  he,  the  said  M.  M.,  also  agrees  to  examine  and  correct  the  proof-sheets 
thereof,  as  they  shall  be  furnished  him  from  time  to  time  during  the  publica- 
tion thereof 

Tlie  said  B.  B.  and  his  assigns  are  to  have  the  exclusive  right  to  take  out 
and  own  the  copyright  and  the  renewals  of. the  copyright  thereof 

And  the  sjiid  B.  B.,  for  himself,  his  heirs  and  assigns,  agrees  to  pay  the  said ' 
M.  M.,  in  manner  following:  $100  on  the  signing  of  this  contract,  $400  when 
the  index  shall  be  ready  for  the  printer,  and  the  balance  when  the  proof-sheets 
shall  have  all  been  examined  and  furnished  the  printer  and  shall  furnish  the 
said  M.  M.,  fifteen  bound  copies  of  the  work  within  a  reasonable  time  after 
the  said  M.  M.  shall  have  completed  his  labors ;  the  whole  of  said  proof-sheeta 
to  be  furnished  the  said  M,  M.,  within  a  reasonable  time  after  the  delivery  of 
the  manuscript. 


136  -HE  CLERK'S  ASSISTANT. 

And  it  is  further  agreed  that  in  case  the  said  book  shall  not  amount  to  300 
pages,  size  and  style  of  the  pages  of  the  work  known  as  "The  Rising  Poli- 
tician "  then  the  said  M.  M.  is  to  receive  and  the  said  B.  B.  is  to  pay  a  sum 
proportioned  to  the  number  of  pages  so  furnished,  but  in  case  said  work  shall 
contain  more  than  300  pages  the  sum  to  be  paid  therefor  is  not  to  be  increased. 
Witness  our  hands  the  day  and  year  first  above  written. 

B.  B. 
M.  M. 


W^o.    H. 

AGREEMENT   TO   SUPERINTEND   AND   ENLARGE   A  SECOND   EDITION   OF   A   BOOK. 

Articles  of  agreement  made  this  9th  day  of  November,  1859,  by  and  be- 
tween M.  M.  of  the  city  of  Schenectady  of  the  first  part,  and  B.  B.  of  the 
same  place  of  the  second  part,  witnesseth : 

That  the  said  M.  M.  for  and  in  consideration  of  $400  and  other  considera- 
tions herein  named  agrees  to  examine,  correct  and  enlarge  the  work  known  as 
"  The  Spread  Eagle,"  to  furnish  additional  manuscript  matter  for  the  second 
edition  of  the  work,  to  enlarge  the  index  and  make  it  full  and  complete. 

It  is  understood  and  agreed  that  the  new  edition  of  the  work  shall  be  of 
the  same  sized  page  as  the  present  work  and  contain  an  equal  amount  of 
matter  on  each  page,  and  that  the  additional  matter  furnished  shall  enlarge  the 
work  not  less  than  100  pages,  and  shall  be  furnished  to  the  said  B.  B.  at  not 
less  than  20  pages  per  day  (120  pages  per  week),  commencing  on  the  r2th 
instant.  And  the  said  M.  M.  is  to  examine  and  correct  the  proof-sheets  as 
fast  as  they  shall  be  furnished,  and  to  complete  the  index  as  soon  as  may  be 
after  the  whole  signatures  of  the  text  shall  be  handed  him  for  that  purpose. 

And  the  said  B.  B.  on  his  part  agrees  to  print  the  said  work  as  the  matter 
shall  be  furnished,  to  furnish  the  said  M.  M.  a  copy  of  the  work  by  signatures 
as  each  signature  shall  be  worked  off  for  the  purpose  of  arranging  the  index, 
to  furnish  the  said  M.  M.  20  bound  copies  of  the  work  as  soon  as  he  can  con- 
veniently, and  to  pay  the  said  M.  M.  the  sum  of  $400  on  the  day  the  last  proof 
sheet  is  corrected  for  the  press. 

The  said  B.  B.  is  to  take  o-at  and  secure  a  copyright  of  the  said  work ;  and 
the  said  M.  M.,  on  the  completion  of  the  work,  is  to  execute  and  deliver  to  the 
said  B.  B.,  his  heirs  and  assigns,  forever,  an  assignment  of  all  his  right  and 
title  and  interest  in  and  to  the  said  work. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  the  day 
and  year  first  above  written. 

M.  M. 

B.  B. 


OVo.    X3. 

AGREEMENT   AS   TO   A   PARTY   WALL. 


This  agreement  made  this  7th  day  of  November,  1859,  by  and  between  J. 
M.  and  W,  C,  of  the  city  of  Utica,  witnesseth :— That  whereas  the  said  W. 
C.  is  the  owner  of  the  house  and  lot  on  the  south  side  of  Bleecker  street, 
second  lot  east  of  Dalhus  street,  and  the  said  J.  M.  is  the  owner  of  the  lot 
adjoining  the  same  next  easterly  thereof,  on  which  said  lot  there  now  stands 
a  party  wall  on  a  hue  parallel  with  Dallius  street,  and  44  feet  easterly  from 
eaid  Dallius  street ;  and  whereas  the  said  J.  M.  has  erected  his  dwelling  house 
several  feet  (one  story)  higher  than  the  said  W.  C,  whereby  greater  advan- 
tage may  accrue  to  the  said  J.  M.  from  said  party  wall.     Now,  therefore,  the 


CONTRACTS  AND  AGREEMENTS.  137 

said  W.  C.  in  consideration  of  the  sum  of  $1  to  him  in  hand  paid,  the  receipt 
whereof  is  hei'eby  acknowledged,  doth  grant,  covenant,  promise  and  agree 
with  the  said  J.  M.,  that  he  may  peacefully  and  lawfully  enjoy  such  party 
wall,  to  himself,  his  heirs,  and  assigns ;  the  said  W.  C  reserving  to  himself 
the  right  to  use  the  said  portion  of  the  party  wall  built  by  the  said  J.  M, 
whenever  he  may  wish  to  build  higlier  than  his  house  now  is. 

It  is  further  mutually  understood  and  agreed  between  the  respective  parties, 
that  this  agreement  shall  remain  so  long  as  the  houses  last,  and  shall  pass  to 
the  heirs  and  assigns  of  the  respective  parties  to  these  presents. 

Witness  our  hands  and  seals  the  day  and  year  first  above  written. 

J.  M.  ["l.  S.J 
W.  C.  [l.  S.1 


IVo.    13. 

CONTRACT    FOR   MAKING    FLOUR    BARRELS. 

Memorandum  of  agreement,  made  this  13th  day  of  December,  1859,  by 
and  between  A.  A.  of  the  first  part,  and  B.  B.  of  the  second  part,  witness- 
eth :  That  the  said  A.  A.  for  the  sum  of  35  cents  for  each  and  every  bar- 
rel hereafter  made  and  delivered,  hereby  agrees  to  make  and  deliver  to  the 
said  B.  B.,  2,000  flour  barrels ;  the  staves  and  heading  to  be  of  good  sound 
seasoned  white  oak  timber,  and  the  hoops  of  black  ash,  round  or  square. 
The  said  barrels  are  to  be  manufactured  in  a  good  and  workmanlike  manner, 
and  all  to  be  delivered  to  the  said  B.  B.  at  his  flouring  mill,  in  the  city  of 
Utica,  within  four  months  from  the  date  of  this  instrument. 

And  the  said  B.  B.,  on  his  part,  agrees  to  pay  the  said  A.  A.  in  cash  the  sum 
of  35  cents  for  each  and  every  barrel  so  delivered  upon  the  delivery  of  the 
same  at  his  mill,  as  aforesaid :  Such  payment  to  be  made  as  often  as  the  said 
A.  A.  shall  deliver  fifty  barrels,  in  the  proper  proportion  for  the  same. 

In  witness  whereof,  the  parties  have  hereunto  set  their  hands  the  day  and 
year  first  above  written. 

A.  A. 

B.  B. 


AGREEMENT    TO    SELL    AND    DELIVER    WOOD. 

Memorandum  of  agreement  made  this  13th  day  of  December,  1859,  by  and 
between  A.  A.  of  the  town  of  Half  Moon,  and  B.  B.  of  the  village  of  Cohoes, 
witnesseth  :  That  the  said  A.  A.,  for  the  sum  of  $5  per  cord,  hereby  agrees 
to  sell  and  deliver  to  the  said  B.  B.  1,000  cords  of  good  sound  white  oak 
wood,  and  to  securely  and  properly  pile  the  same  on  the  east  bank  of  the 
canal,  just  east  of  said  village  of  Cohoes,  on  the  lot  of  the  said  B.  B.  Said 
wood  is  to  be  cut  during  the  present  month  of  December,  and  the  months 
of  January  and  February  next,  to  be  cut  lour  feet  long,  and  properly  piled  on 
said  lot  on  or  before  the  1st  day  of  May  next.  Said  wood,  when  piled  as 
aforesaid,  is  to  be  measured  by  D.  D.,  and  the  said  B.  B.  agrees  to  pay  the 
said  A.  A.  the  sum  of  $5  for  each  and  every  cord  so  delivered  ;  payment  to 
be  made  by  installments  on  each  fifty  cords  as  they  are  delivered,  whenever, 
and  as  soon  as  the  said  A.  A.  shall  furnish  to  the  said  B.  B.,  the  certificate  of 
the  said  D.  D.,  that  such  fifty  cords  or  additional  of  wood  have  been  deUvered 
and  properly  piled  on  said  lot. 

Witness  our  hands  the  day  and  year  first  above  written.  A.  A. 

B.  B. 
18 


138  THE  CLERK'S  ASSISTANT. 

No.    XS. 

AGREEMENT   TO   SELL   SHARES   OF   STOCK   OF   AN   INCORPORATED    COMPANY. 

Memorandum  of  agreement  made  this  14th  day  of  December,  1859,  between 
A.  A.  of  the  city  of  Hudson  of  the  first  part,  and  B.  B.  of  the  same  place  of 
the  second  part,  witnesseth :  That  the  said  A.  A.  agrees  to  sell  and  convey  to 
the  said  B.  B.  on  or  before  the  1st  day  of  May  next,  §1,000  shares  of  the 
capital  stock  of  the  Bank  of  Albany,  for  the  price  or  sum  of  $110  per  share, 
and  to  make,  execute  and  deliver  to  the  said  B.  B.  all  assignments  transfers, 
and  conveyances,  necessary  to  assure  the  same  to  him,  his  heirs  and  assigns. 

In  consideration  whereof,  the  said  B.  B.  agrees  to  pay  unto  the  said  A.  A. 
the  price  or  sum  of  $110  for  each  and  every  share  of  the  said  stock  so 
assigned,  whenever  and  as  soon  as  the  said  assignment  and  the  scrip  of  stock 
so  assigned  shall  be  properly  executed  and  delivered  to  the  said  B.  B. 

In  witness  whereof,  the  said  parties  have  hereto  set  their  hands  and  seals 
the  day  and  year  first  above  written. 

A.  A.  [l.  s.] 

B.  B.    [L.  S.J 


3Vo.    16. 

AGREEMENT   WITH   A   WORKMAN   OR   CLERK. 

This  agreement  made  this  14th  day  of  December,  1859,  between  A.  A.  of 
the  first  part,  and  B.  B.  of  the  second  part,  witnesseth  :  -That  the  said  A.  A. 
agrees  faithfully  and  diligently  to  work  for  the  said  B.  B.  on  his  farm  (or  as 
clerk  or  salesman  in  the  store  of  the  said  B.  B.),  at  Bethlehem,  in  Albany 
county,  for  the  period  of  six  months  from  and  after  the  1st  day  of  January 
next,  for  the  sum  of  $25  per  month.  In  consideration  of  which  service  so  to 
be  performed,  the  said  B.  B.  agrees  to  pay  the  said  A.  A.,  the  sum  of  $25  per 
month,  payable  as  follows :  $10  on  the  1st  day  of  February,  and  $10  on  the 
1st  day  of  each  month  following,  until  the  whole  labor  shall  be  performed ; 
and  when  the  whole  labor  shall  have  been  performed,  then  the  balance  of  such 
6um  as  has  not  been  theretofore  paid  the  said  A.  A. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  the  day 
Bnd  year  first  above  written. 

A.  A. 

B.  B. 


TVo.    X<7  . 

STTBSCRIPTION   TO   BCTLD   A   CHURCH   EDinCE. 

Whereas  the  trustees  of  the  church  corporation,  known  as  the  "  Church  of 
the  Puritans,"  are  about  erecting  a  church  edifice  for  such  corporation ;  now, 
we  the  undersigned,  for  the  purpose  of  such  erection,  hereby  agree  to  pay  to 
B.  B.,  the  treasurer  of  said  corporation,  the  several  sums  by  us  set  opposite 
our  several  names,  for  the  purpose  of  such  erection,  and  we  hereby  authorize 
and  direct  the  said  trustees  to  expend  such  sums  in  the  erection  of  the  same. 
The  said  sums  are  to  he  paid  to  the  said  treasurer  on  or  before  the  1st  day  of 
March,  1860. 

Names.  Amount 

A    B  ^600. 

C.   d 40a 


CONTRACTS  AND  AGREEMENTS.       139 


AGREEMENT    ON    A    SALE    OF    WHEAT. 

In  consideration  of  $1  per  bushel,  A.  A.  of  the  town  of  Coeymans  hereby 
sells,  and  agrees  to  deliver  to  B.  B.,  at  his  store  at  Coeyman's  Landing,  all  the 
wheat  raised  and  harvested  by  the  said  A.  A.  on  his  farm  the  present  year. 
The  said  wheat  is  to  be  delivered  at  said  store  in  good  clean  and  merchantable 
order,  on  or  before  the  15th  day  of  February,  1860,  and  in  .consideration 
thereof,  the  said  B.  B.  agrees  to  pay  the  said  sum  of  $1  for  each  and  every 
bushel  so  delivered  upon  the  delivery  of  the  same. 

Witness  the  hands  of  the  said  A.  A.  and  B.  B.,  this  14th  day  of  Decem- 
ber, 1859. 

A.  A. 

B.  B. 


CHAPTER  XII. 

CONVEYAlSrCES  BY  DEED   AND   MORTGAGE. 

A  deed  is  an  instrument  in  writing,  or  printing  upon  paper  or 
parctiment,  duly  sealed,  executed  and  delivered. 

The  requisites  of  a  deed  are,  that  there  be  persons  able  to  con- 
tract and  be  contracted  with,  and  also  something  or  subject  mat- 
ter to  be  contracted  for,  all  of  which  must  be  expressed  by  good 
and  sufficient  words.  In  every  grant  there  must  be  a  grantor,  a 
grantee  and  a  thing  granted.  The  deed  must  be  founded  upon 
good  and  sufficient  consideration;  and  not  upon  a  usurious  con 
tract,  nor  upon  fraud  or  collusion,  either  to  deceive  purchasers  in 
good  faith,  or  just  and  lawful  creditors.  The  consideration  of 
the  deed  may  be  considered  good  or  vcduahle.  A  valuable  con- 
sitleration  is  founded  on  something  producing  a  compensation,  as 
money,  goods,  services,  or  marriage.  A  good  consideration  is. 
founded  upon  natural  love  and  affection,  as  between  near  rela- 
tives by  blood.  Deeds  upon  good  consideration  only,  are  con- 
sidered as  voluntary  merely,  and  are  often  set  aside  in  favor  of 
creditors  and  purchasers  in  good  faith. 

Although  there  are  no  specific  words  required  in  a  deed,  yet 
the  matter  written  must  be  legally  and  orderly  set  forth,  and 
there  must  be  words  sufficient  to  specify  the  agreement  and  bind 
the  parties ;  which  sufficiency  must  be  left  to  the  courts  of  law 
to  determine.  In  the  premises  is  usually  set  forth  the  number 
and  names  of  the  parties  with  their  additions  and  titles;  next  fol- 
lows the  consideration  upon  which  the  deed  is  made,  and  then 
follows  a  description  of  the  property  or  the  certainty  of  the 
grantor,  grantee,  and  the  thing  granted.  Next  come  the  habeii- 
dam  and  the  tenendum  clause  more  properly  determining  what 
estate  or  interest  is  granted  by  the  deed ;  though  this  may  be 
performed,  and  frequently  is  performed  in  the  premis.  The  ten- 
endum, or  "  and  to  hold  "  clause  is  now  of  very  little  use,  and  is 


CONVEYANCES  BY  DEED  AND  MORTGAGE.    141 

only  kept  in  by  custom ;  formerlj^,  in  England,  it  was  used  to 
signify  the  kind  of  tenure  by  ■which  the  estate  was  granted  to  be 
hold'en.  Then  follow  the  terms  of  stipulation,  if  any,  upon  which 
the  grant  is  made.  In  warranty  deeds,  clauses  of  warranty  and 
covenants  of  different  kinds  may  be  added. 

The  usual  personal  covenants  in  a  warranty  deed  are ;  that  the 
grantor  is  lawfully  seised :  that  he  has  good  right  to  convey : 
that  the  land  is  free  from  incumbrances :  that  the  grantees  shall 
quietly  enjoy :  and  that  the  grantor  will  warrant  and  defend,  the 
title  against  all  lawful  claims.  The  covenant  of  warranty  and  of 
quiet  enjoyment,  are  prospective,  and  run  with  the  land  con- 
ve^^ed,  descend  to  the  heirs,  and  vest  in  the  assignees,  or  the 
purchaser.  But  an  actual  ouster,  or  turning  out,  or  eviction  is 
necessary  to  constitute  a  breach  of  them. 

Lastly  comes  the  conclusion,  which  mentions  the  execution 
and  date  of  the  deed,  either  expressly  or  by  reference  to  some 
day  and  year  before  mentioned.'  A  date  is  not  necessary,  and 
the  deed  would  be  good  without  date,  or  with  a  false  date,  or  an 
impossible  date  as  the  31st  of  February,  provided  the  real  date 
of  its  being  given  or  delivered  can  be  proved. 

The  remaining  requisites  of  a  good  deed  are  the  signing,  seal- 
ing and  delivery,  which  is  expressed  in  the  attestation  "signed, 
sealed  and  delivered." 

Two  witnesses  are  required  to  the  execution  of  a  deed  in  New 
Hampshire,  Vermont,  Ehode  Island,  Connecticut,  Pennsylvania, 
Georgia,  Ohio,  Indiana,  Illinois,  Michigan  and  Wisconsin.  In 
Delaware,  Tennessee,  and  North  Carolina,  two  witnesses  are  re- 
quired where  a  deed  is  to  be  proved  by  witnesses. 

Every  person  capable  of  holding  lands  (except  idiots,  persons 
of  unsound  mind,  and  infants)  seised  of,  or  entitled  to,  any  estate 
or  interest  in  lands,  may  alien  such  estate  or  interest  at  his 
pleasure,  with,  the  effect,  and  subject  to  the  restrictions  and  regu- 
lations provided  by  law.  (3  R.  S.,  3,  §  10,  5th  eel) 

Every  grant  in  fee  or  of  a  freehold  estate,  shall  be  subscribed 
and  sealed  by  the  person  from  whom  the  estate  or  interest 
conveyed  is  intended  to  pass,  or  his  lawful  agent;  if  not  duly 
acknowledged  previous  to  its  delivery  according  to  the  provisions 
of  the  statute,  its  execution  and  delivery  shall  be  attested  by  at 


142  THE  CLERK'S  ASSISTANT. 

least  one  witness ;  or  if  not  attested,  it  shall  not  take  effect  as 
against  a  purchaser  or  incumbrancer  until  so  acknowledged. 

A  grant  shall  take  effect  so  as  to  vest  the  estate  or  interest  in- 
tended to  be  conveyed  only  from  its  delivery ;  and  all  the  rules 
of  law  now  in  force  in  respect  to  the  delivery  of  deeds  shall  apply 
to  grants  hereafter  to  be  executed. 

No  covenant  shall  be  imphed  in  any  conveyance  of  real  estate, 
whether  such  conveyance  contain  special  covenants  or  not. 
(3  R.  S.,  29,  5th  ed.) 

No  greater  estate  or  interest  shall  be  construed  to  pass  by  any 
grant  or  conveyance  hereafter  executed,  than  the  grantor  himself 
possessed  at  the  delivery  of  the  deed,  or  could  then  lawfully  con- 
vey, except  that  every  grant  shall  be  conclusive  as  against  the 
grantor  and  his  heirs  claiming  from  him  by  descent. 

Every  grant  shall  also  be  conclusive  as  against  subsequent 
purchasers  from  such  grantor,  or  from  his  heirs  claiming  as  such, 
except  a  subsequent  purchaser  in  good  faith  and  for  a  valuable 
consideration,  who  shall  acquire  a  superior  title  by  a  conveyance 
that  shall  have  been  first  duly  recorded. 

Every  grant  of  lands  shall  be  absolutely  void  if  at  the  time 
of  the  delivery  thereof,  such  lands  shall  be  in  the  actual  posses- 
sion of  a  person  claiming  under  a  title  adverse  to  that  of  the 
grantor.  (3  B.  S.,  30,  5th  ed.) 

A  mortgage  is  the  conveyance  of  an  estate  by  way  of  pledge 
for  the  security  of  debt,  and  to  become  void  on  payment  of  it. 
The  legal  ownership  is  vested  in  the  creditor;  but  in  equity  the 
mortgagor  remains  the  actual  owner,  until  he  is  debarred  by  his 
own  default,  or  by  judicial  decree. 

The  condition  upon  which  the  land  is  conveyed  is  generally 
inserted  in  the  mortgage,  but  the  defeasance  may  be  contained  in 
a  separate  instrument ;  and  where  the  instrument  executed  by  the 
grantor  or  mortgagor  is  absolute  in  the  first  instance,  and  the 
defeasance  is  executed  subsequently,  it  will  relate  back  to  the 
date  of  the  principal  deed,  and  connect  itself  with  it,  so  as  to 
render  it  a  security  in  the  nature  of  a  mortgage. 

Every  person  having  a  just  title  to  lands  of  which  there  shall 
be  an  adverse  possession  may  execute  a  mortgage  on  such  lands ; 
and  such  mortgage,  if  dul}^  recorded,  sliall  bind  the  lands  from 
the  time  the  possession  thereof  shall  be  recovered,  by  the  mort- 


CONVEYANCES  BY  DEED  AND  MORTGAGE.    143 

gagor  or  bis  representatives.  And  every  such,  mortgage  shall 
have  preference  over  any  judgment  or  other  instrument,  subse- 
quent to  the  recording  thereof;  and  if  there  be  two  or  more  such 
mortgages,  they  shall  severally  have  preference  according  to  the 
time  of  recording  the  same  respectively.  (3  R.  S.,  30,  3c?  ed.) 

Notwithstanding  the  mortgage  purports  to  be  an  absolute  con- 
veyance on  its  face,  yet  the  mortgagor  is  entitled  to  possession 
until  there  has  been  a  default  in  payment  or  a  breach  in  the  cov- 
enants. And  even  then  though  the  mortgage  be  forfeited  ac- 
cording to  the  condition,  and  the  estate  absolutely  vested  in  the 
mortgagee  at  common  law,  yet  the  courts  will  consider  the  real 
value  of  the  property  compared  with  the  sum  borrowed.  And 
if  the  estate  be  of  greater  value  than  the  sum  lent  thereon,  they 
will  allow  the  mortgagor,  at  any  reasonable  time  to  recall  or  re- 
deem his  estate,  paying  to  the  mortgagee  his  principal,  inti,'rest 
and  expenses.  This  reasonable  advantage  allowed  to  the  mort- 
gagor, is  called  the  equity  of  redemjjtion.  And  when  the  money 
is  due,  or  a  breach  in  any  of  the  covenants  has  been  made,  the 
mortgagee  may  call  on  the  mortgagor,  to  redeem  his  estate,  or 
repair  the  breach,  or  in  default  thereof,  to  have  the  property  sold 
for  the  payment  of  the  debt,  and  to  be  forever  foreclosed  from 
redeeming  the  same.  If  *the  sale  produces  more  than  the  debt, 
the  surplus  goes  to  the  mortgagor  or  his  heirs  or  assigns,  and  if 
less,  the  mortgagee  has  his  remedy  for  the  difference. 

It  is  usual  to  add  to  or  insert  in  the  mortgage  a  power  of  sale 
in  case  of  default,  which  enables  the  mortgagee  to  obtain  relief 
in  a  prompt  and  easy  manner.  This  relief  is  by  a  foreclosure 
of  the  mortgage,  which  may  be  done  either  by  an  action  at  law, 
similar  to  the  former  foreclosure  by  a  bill  in  equity,  or  by  adver- 
tisement according  to  the  statute. 

In  order  to  foi'eclose  a  mortgage  by  advertisement,  a  notice 
that  such  mortgage  will  be  foreclosed  by  a  sale  of  the  mortgaged 
premises,  or  some  part  of  them,  specifying  the  names  of  the 
mortgagor  and  mortgagee,  and  the  assignee  of  the  mortgage,  if 
any  ;  the  date  of  the  mortgage  and  where  recorded,  or  where 
the  power  of  sale  is  registered ;  the  amount  claimed  to  be  due 
thereon,  at  the  time  of  the  first  publication  of  such  notice ;  and 
a  description  of  the  mortgaged  premises,  conforming  substan- 
tially with  thrit  contained  in  the  mortgage  must  be  published  at 


144  THE  CLERK'S  ASSISTANT. 

least  once  in  eacti  week  for  twelve  weeks  successively,  in  a  news- 
paper printed  in  the  county  where  the  premises  intended  to  be 
sold  shall  be  situated,  or  if  such  premises  shall  be  situated  in 
two  or  more  counties,  in  a  newspaper  printed  in  either  of  them. 
And  a  copy  of  such  notice  must  be  affixed,  at  least  twelve  weeks 
prior  to  the  time  therein  specified  for  the  sale,  on  the  outward 
door  of  the  building  where  the  County  Courts  are  directed  to  be 
held,  in  the  county  where  the  premises  are  situated ;  or  if  there 
be  two  or  more  such  buildings,  then  on  the  outward  door  of  that 
which  shall  be  nearest  the  premises.  A  copy  of  such  notice 
must  be  delivered  at  least  twelve  weeks  prior  to  the  time  therein 
specified  for  the  sale,  to  the  clerk  of  the  county  in  which  the 
mortgaged  premises  are  situated,  who  shall  immediately  affix  the 
same  in  a  book  prepared  and  kept  by  him  for  that  purpose ;  and 
who  shall  also  enter  in  said  book,  at  the  bottom  of  such  notice, 
the  time  of  receiving  and  affixing  the  same,  duly  subscribed  by 
said  clerk,  and  shall  index  such  notice  to  the  name  of  the  mort- 
gagor. And  a  copy  of  such  notice  must  be  served,  at  least  fourteen 
days  prior  to  the  time  therein  specified  for  the  sale  upon  the 
mortgagor  or  his  personal  representatives,  and  upon  the  subse- 
quent grantees  and  mortgagees  of  the  premises  whose  convey- 
ance and  mortgage  shall  be  upon  record  at  the  time  of  the  first 
publication  of  the  notice,  and  upon  all  persons  having  a  lien  by 
or  under  a  judgment  or  decree  upon  the  mortgaged  premises, 
subsequent  to  such  mortgage,  personally ;  or  by  leaving  the  same 
at  their  dwelling  house  in  charge  of  some  person*of  suitable  age, 
or  by  serving  a  copy  of  such  notice  upon  said  persons,  at  least 
twenty-eight  days  prior  to  the  time  therein  specified  for  the  sale, 
by  depositing  the  same  in  the  post-office,  properly  folded  and  di- 
rected to  the  said  persons  at  their  respective  places  of  residence. 

Such  sale  may  be  postponed  from  time  to  time,  by  inserting  a 
notice  of  such  postponement,  as  soon  as  practicable,  in  the  news- 
paper in  which  the  original  advertisement  was  published  and 
continuing  such  publication  until  the  time  to  which  the  sale  shall 
be  postponed. 

Such  sale  shall  be  at  public  auction,  in  the  daytime,  in  the 
county  where  the  mortgaged  premises,  or  some  part  thereof  are  sit- 
uated ;  except  on  sales  of  property  mortgaged  to  the  People  of  this 
State,  in  which  case  the  sale  may  be  made  at  the  Capitol.     If  the 


CONVEYANCES  BY  DEED  AND  MORTGAGE.   145 

premises  consist  of  distinct  farms,  ti'acts  or  lots,  they  shall  be  sold 
separately ;  and  no  more  farms,  tracts  or  lots  shall  be  sold  than 
shall  be  necessary  to  satisfy  the  amount  due  on  such  mx)rtgage,  at 
the  time  of  the  first  publication  of  notice  of  sale,  with  interest, 
and  the  cost  and  expenses  allowed  by  law. 

The  mortgagee,  his  assigns  and  his  or  their  legal  representa- 
tives, may  fairly  and  in  good  faith  purchase  the  premises  so  ad- 
vertised, or  any  part  thereof  at  such  sale. 

An  affidavit  of  the  fact  of  any  sale  pursuant  to  such  notice, 
may  be  made  by  the  person  who  officiated  as  auctioneer  at  such 
sale,  stating  the  time  and  place  at  which  the  same  took  place,  the 
sum  bid,  and  the  name  of  the  purchaser,  and  shall  be  annexed 
to  a  printed  copy  of  the  notice  of  sale.  An  affidavit  of  the  pub- 
lication of  such  notice  of  sale  and  of  any  notice  of  postpone- 
ment may  be  made  by  the  printer  of  the  newspaper  in  which  the 
same  was  inserted,  or  by  his  foreman  or  principal  clerk,  and  an 
affidavit  of  the  affixing  of  a  copy  of  such  notice  on  the  outward 
door  of  the  court  house,  may  be  made  by  the  person  who  affixed 
the  same,  or  by  any  other  person  who  saw  such  notice  so  posted 
during  the  time  required,  and  an  affidavit  of  the  affixing  a  copy 
of  such  notice  in  the  said  books  so  to  be  provided  and  kept  by 
the  clerk,  may  be  made  by  the  county  clerk,  or  by  any  other 
person  who  saw  such  notice  so  af]^xed,  during  the  time  required ; 
and  an  affidavit  of  the  serving  a  copy  of  such  notice  on  the  per- 
sons entitled  to  service  thereof,  may  be  made  by  the  persons  who 
served  the  same.  These  affidavits  may  be  taken  and  certified  by 
any  judge  of  a  Court  ol  Eecord,  or  any  commissioner  of  deeds, 
or  justice  of  the  peace,  and  may  be  filed  in  the  office  of  the 
clerk  of  the  county  where  such  sale  took  place.  Such  affidavit 
shall  be  recorded  at  length  by  such  clerk  in  a  book  kept  for 
the  record  of  mortgages;  and  such  original  affidavit,  the  record 
thereof,  and  certified  copies  of  such  record  shall  be  presumptive 
evidence  of  the  facts  therein  contained.  (3  R  S.,  859,  oth  ed.) 
19 


FORMS. 


QUIT-CLAIM    DEED. 


Know  all  men  by  these  presents,  that  I,  A.  B.  of  the  city  of  Troy,  for  divers 
good  causes  and  considerations  tliereunto  moving,  especially  for  $500  received 
to  my  full  satisfaction,  have  remised,  released  and  forever  quit-claimed,  and  by 
these  presents  do  for  myself,  my  heirs,  executors  and  administrators,  justly 
and  absolutely  remise,  release,  and  forever  quit-claim  unto  the  said  C.  D.,  and 
to  his  heirs  and  assigns  forever,  all  such  right  and  title  as  I  the  said  A.  B. 
have  or  ought  to  have,  in  or  to  all  that  (insert  here  description  of  premises). 
To  have  and  to  hold  the  above  released  premises,  unto  the  said  C.  D.,  his  heirs 
and  assigns,  to  his  and  their  only  proper  use  and  behoof  forever ;  so  that 
jieither  I  the  said  A.  B.,  or  any  other  person  in  my  name  and  behalf,  shall  or 
will  hereafter  claim  or  demand  any  right  or  title  to  the  premises,  or  any  part 
thereof;  but  they,  and  every  of  them,  shall  by  these  presents  be  excluded  and 
forever  barred. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  17th  day  of 
December,  in  the  year  of  our  Lord  1859. 

Signed,  sealed  and  dehvered,  ^  '  A.  B.  \l.  s.J 

in  the  presence  of 


IVo.    3. 

QUIT-CLAIM    DEED SHORT    FORM. 

In  consideration  of  $100  to  me  in  hand  paid  by  C.  D.,  I,  A.  B.  hereby  sell, 
grant,  release  and  quit-claim  to  said  C.  D.,  all  that  certain  lot  (here  insert 
description).  To  have  and  to  hold  the  said  released  premises  unto  the  said  G 
D.,  and  his  heirs  and  assigns  forever.  Witness  my  hand  and  seal  this  17tn 
day  of  December,  1859. 

'  A.  B.  [l.  s.. 


No.    3. 

DEED,  COVENANT  AGAINST  GRANTOR. 

This  indenture,  made  the  17th  day  of  December,  in  the  year  of  our  Lord 
1859,  between  A.  B.  of  the  city  of  Albany,  and  S.  his  wife,  parties  of  the  first 
part,  and  C.  D.  of  the  same  place  party  of  the  second  part,  witne.sseth,  that 
the  said  parties  of  the  first  part,  for  and  in  consideration  of  the  sum  of  $1,000, 
to  them  paid,  by  the  said  party  of  the  second  part,  the  receipt  whereof  is 
hereby  acknowledged,  have  granted,  bargained,  sold  and  conveyed,  and  by 


CONVEYANCES  BY  DEED  AND  MORTGAGE.       147 

these  presents  do  grant,  bargain,  sell  and  convey,  unto  the  said  party  of  the 
second  part,  and  to  his  heirs  and  assigns  forevei-,  all  (insert  description).  To- 
gether with  all  and  singular  the  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging,  or  in  any  wise  appertaining,  and  all  the  estate,  right,  title, 
interest,  property,  possession,  claim  and  demand  whatsoever,  of  the  said  par- 
ties of  the  first  part,  of,  in  or  to  the  above  described  premises,  and  every  part 
and  parcel  thereof,  with  the  appurtenances,  to  have  and  to  hold  forever. 
And  tlie  said  A.  B.,  for  himself,  his  heirs,  executors  and  administrators,  docs  ■ 
covenant,  promise  and  agree,  to  and  with  the  said  party  of  tlie  second  part, 
his  heirs  and  assigns,  that  the  parties  of  the  first  part  have  not  made,  done, 
committed,  executed,  or  suffered  any  act  or  acts,  thing  or  things  whatsoever, 
whereby,  or  by  means  whereof,  the  above  mentioned  and  described  premises, 
or  any  part  or  parcel  thereof,  now  are,  or  at  any  time  hereafter  shall  or  may  / 
be  impeached,  charged,  or  encumbered,  in  any  manner  or  way  whatso- 
ever. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

A.  B.  |l.  S.J 
S.   B.  fu  a] 


Sealed  and  delivered  in 
the  presence  of 


JVo.     4. 

WARRANTY    DEED. 

This  mdenture,  made  the  19th  day  of  December,  in  the  year  of  our  Lord 
1859,  between  A.  B.,  of  the  city  of  Hudson,  and  S.  B.  his  wife,  parties  of  the 
first  part,  and  C.  D.  of  the  same  place,  party  of  the  second  part,  witnesseth, 
that  the  said  parties  of  the  first  part,  for  and  in  consideration  of  the  sum 
of  $1,000,  lawful  money  of  the  United  States  of  America,  to  them 
in  hand  paid,  by  the  said  party  of  the  second  part,  the  receipt  Avhereof  is 
hereby  confessed  and  acknowledged,  have  granted,  aliened,  remised,  released, 
enfeoffed  and  confirmed,  and  by  these  presents  do  grant,  alien,  remise,  release, 
enfeoff  and  confirm  unto  the  said  party  of  the  second  part,  and  unto  his  heirs 
and  assigns,  forever,  all  (insert  description).  Together  with  all  and  singular 
the  hereditaments  and  appurtenances  thei'eunto  belonging,  or  in  any  wise 
appertaining,  and  the  reversion  and  reversions,  remainder  and  remainders, 
rents,  issues  and  profits  thereof,  and  all  the  estate,  right,  title,  interest,  claim 
and  demand  whatsoever  of  the  said  parties  of  the  first  part,  either  in  law  or 
equity,  of,  in  and  to  the  above  granted  premises,  with  the  said  hereditaments 
and  appurtenances:  To  have  and  to  hold  the  above  mentioned  and  described 
premises,  with  the  appurtenances  and  every  part  and  parcel  thereof,  to  the  said 
party  of  the  second  part,  his  heirs  and  assigns  forever.  And  the  said  A.  B., 
for  himself,  his  heirs,  executors  and  administratoi's,  does  covenant,  grant,  bar- 
gain, promise  and  agree,  to  and  with  the  said  part}'  of  the  second  part,  his  heirs 
and  assigns,  to  warrant  and  forever  to  defend  the  above  gi-anted  premises,  and 
every  part  and  parcel  thereof,  now  being  in  the  quiet  and  peaceable  possession  of 
the  said  party  of  the  second  part,  against  the  said  parties  of  the  first  part,  their 
heirs,  executors,  administrators  and  assigns,  and  against  all  and  every  other 
person  or  persons  claiming  or  to  claim  the  said  premises,  or  any  part  thereof. 

In  witness  whereof  the  said  parties  of  the  first  part  have  heveunto  set 
their  hands  and  seals  the  day  and  year  first  above  written. 

Sealed  and  deUvered  in  [ 

the  presence  of        J  A.  B.  [  l.  s.  J 

S.  B.   I  L.  s.  ] 


L48  THE  CLERKS  ASSISTANT. 


FULL    COVENANT    DEED. 

This  indenture,  made  the  19th  day  of  December,  1859,  between  A.  B.,  of 
the  city  of  Syracuse,  and  S.  B.  his  wife,  parties  of  the  first  pa:t,  and  C.  D.,  of 
Buffalo,  party  of  the  second  part,  Avitnesseth,  that  the  said  parties  of  the  first 
part,  in  consideration  of  $500,  to  them  duly  paid,  have  sold,  and  by  these 
presents  do  grant  and  convey  to  the  said  party  of  the  second  part,  and  to  his 
heirs  and  assigns  forever  (insert  description),  with  the  appurtenances,  and  all  the 
estate,  right,  title  and  interest  of  the  said  parties  of  the  first  part  therein.  And 
the  said  A.  B.  does  hereby  covenant  and  agree  to  and  with  the  said  party  of 
the  second  part,  that  at  the  time  of  making  this  conveyance,  the  parties  of  the 
first  part  are  the  lawful  owners  of  the  premises  above  granted  and  are  seised 
of  a  good  and  indefeasible  estate  of  inheritance  therein,  and  that  they  are  free 
and  clear  of  inchoate  dower  rights,  and  of  all  incumbrances  whatsoever;*  and 
the  above  granted  premises  in  the  quiet  and  peaceable  possession  of  the  said 
party  of  the  second  part,  his  heirs  and  assigns,  agamst  every  person  whomso- 
ever will  warrant  and  forever  defend. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set 
theu'  hands  and  seals  the  day  and  year  first  above  written. 

Sealed  and  delivered  in  ) 

presence  of  j  A.  B.  [l.  s.] 

S.  B.   |l.  s.] 


JNo.  e. 

FULL    COVENANT    DEED,  WITH    A    COVENANT    FOR    FURTHER   ASSURANCE. 

{After  the  *  in  No.  5,  insert  the  following :) 

And  further,  that  he,  the  said  A.  B.,for  himself  and  his  heirs,  and  all  and 
every  other  person  or  persons  lawfully  claiming,  or  to  claim,  by,  from,  or  under 
him  or  them,  shall  and  will,  from  time  to  time,  and  at  all  times  hereafter,  upon 
the  reasonable  request,  and  at  the  cost  and  charge  of  the  said  C.  D.,  his  heirs 
and  assigns,  make  and  execute,  or  cause  and  procure  to  be  made  and  executed, 
all  and  everj^  such  further  and  other  lawful,  reasonable  deed  or  deeds  whatso- 
ever, for  the  further,  better,  more  perfect  and  absolute  assurance  and  confirm- 
ation of  the  said  messuage  or  tenement,  hereditaments,  and  premises,  &c., 
hereby  granted  or  mentioned,  or  intended  so  to  be,  Avith  these  appurtenances, 
unto  the  said  0.  D.,'his  heirs  and  assigns,  as  by  him  or  them,  or  by  his  or  their 
counsel  learned  in  the  law,  shall  be  reasonably  advised,  devised,  or  required. 


FULL  COVENANT  DEED,  AVITH  A  COVENANT  FOR  QUIET  ENJOYMENT. 

(After  the  *  in  No.  5,  i7isert  the  following :) 

And  the  said  A.  B.,  for  himself,  his  heirs,  executors,  and  administrators, 
does  covenant,  promise,  grant,  and  agree,  to  and  Avith  the  said  C.  D.,  his  heirs 
and  assigns,  by  these  presents,  that  he,  the  said  C.  D.,  his  heirs  and  assigns, 
shall,  and  laAvfuUy  may,  from  time  to  time,  and  at  all  times  hereafter,  peace- 
ably and  quietly  have,  hold,  occupy,  possess,  and  enjoy,  the  said  messuage  or 
tenement,  and  premises,  <fec.,  hereby  granted  or  mentioned,  or  intended  so  to 
be,   with  the  appurtenances,  without  the   lawful  hinderance  or  molestation 


Jl 


CONVEYANCES  BY  DEED  AND  MORTGAGE.   149 

of  the  said  A.  B.,  his  heirs  or  assigns,  or  of  any  other  person  or  persons 
whatsoever,  by  or  with  his  or  their  act,  consent,  privity,  or  procurement. 

(Full  covenant  deeds  are  frequently  drawn  by  inserting  the  covenant  for 
further  assurance,  No.  6,  and  the  covenant  for  quiet  enjoyment,  No.  7,  in 
No.  5  at  the  *.) 


3Vo.    8. 

EXKCUTOr's   deed — COVENANT   AGAINST   GRANTOR. 

This  indenture,  made  the  19th  day  of  December  in  the  year  of  our  Lord 
k859,  between  A.  B.  and  M.  M.  of  Hudson,  executors  of  the  last  will  and  tes- 
tament of  R.  R.,  deceased,  late  of  the  city  of  Hudson,  of  the  first  part,  and 
C.  D.  of  the  second  part,  witnesseth :  That  the  said  parties  of  the  first  part, 
by  virtue  of  the  power  and  authority  to  them  given  by  the  said  last  will  and 
testament  of  said  R.  R.,  deceased,  and  for  and  in  consideration  of  the  sum  of 
$5,000  to  them  paid,  by  the  said  party  of  the  second  part,  the  receipt  whereo^ 
is  hereby  acknowledged,  have  granted,  bargained,  sold  and  conveyed,  and  by 
the.-e  presents  do  grant,  bargam,  seU  and  convey,  unto  the  said  party  of  the 
second  part,  and  to  his  heirs  and  assigns  forever :  All  (insert  description)  to- 
gether with  all  and  singular  the  tenements,  hereditaments  and  appurtenances 
thereunto  belonging  or  in  any  wise  appertaining,  and  the  reversions  and  re- 
mainders, rents,  issues,  and  profits  thereof  And  all  the  estate,_  right,  title, 
interest,  property,  possession,  claim  and  demand  whatsoever,  which  the  said 
testator  had  in  his  lifetime,  and  at  the  time  of  his  decease,  and  which  the  said 
parties  of  the  first  part  have  by  virtue  of  the  said  last  will  and  testament  or 
otherwise,  of,  in,  and  to  the  above  described  premises,  and  every  part  and  par- 
cel thereof,  with  the  appurtenances.  To  have  and  to  hold  forever.  And  the 
said  parties  of  the  first  part,  for  themselves  severally  and  not  jointly,  and  for 
their  respective  heirs,  executors,  and  administrators,  do  severally  and  not 
jointly  covenant,  promise,  and  agree,  to  and  with  the  said  party  of  the  second 
'  part,  his  heirs,  and  assigns,  that  they  have  not  made,  done,  committed,  execu- 
ted, or  suffered  any  act  or  acts,  thing  or  things  whatsoever,  whereby  or  by 
means  whereof,  the  above  mentioned  and  described  premises,  or  any  part  or 
parcel  thereof,  now  are,  or  at  any  time  hereafter  shall  or  may  be  impeached, 
charged,  or  encumbered,  in  any  manner  or  way  whatsoever. 

In  witness  whereof,  the  said  parties  of  the  first  part,   have  hereunto  set 
their  hands  and  seals  the  day  and  year  first  above  written. 
Sealed  and  delivered  in  ) 

the  presence  of        J  A.  B.  [l.  s.] 

M.  M.  |l.  S.J 


No.    9. 

DEED  WHERE  LAND  IS  SUBJECT  TO  A  MORTGAGE. 

(After  the  description  of  the  property  in  either  of  the  foregoing  deeds  in- 
sert the  following:) 

Subject,  however,  to  the  payments,  conditions  and  agreements,  specified 
and  contained  in  a  certain  indenture  of  mortgage  executed  by  the  said  A.  B. 
and  his  wife  to  one  R.  S.,  on  the  10th  day  of  May,  1857,  and  recorded  in  the 

county  clerk's  office  in  book  No.  40  of  mortgages  on  page  59,  which 

said  mortgage  was  given  for  the  purpose  of  securing  the  payment  of  the  sum 
of  $500  and  interest,  at  the  time  and  in  the  manner  therein  specified,  and 
upon  which  there  is  payable  the  sura  of  $500  and  interest  thereon  from  May 


150  THE  CLERK'S  ASSISTANT. 

10,  1857,  which  said  sum  the  said  party  of  the  second  part,  hereby  assumes 
and  agrees  to  pay  as  part  of  the  consideration  hereof 

(  When  the  deed  is  a  warranty  deed,  then  after  the  words  "  warrant  and  de- 
fend "  insert  the  words  "  except  as  aforesaid.") 


JSfi,.     lO. 

sheriff's  deed  on  sale  under  an  execution. 
This  indenture  made  the  19th  day  of  December  in  the  year  of  our  Lord 
1859,  between  A.  B.,  Sheriff  of  the  city  and  county  of  Albany  of  the  first 
part,  and  C.  D.  of  the  second  part;  wherea^;,  by  virtue  of  a  certain  execution 
issued  out  of  the  Supreme  Court,  in  favor  of  R.  P.,  plaintiff  against  M.  M.,  de- 
fendant, to  the  said  Sheriff  directed  and  delivered,  commanding  him  that  of 
the  goods  and  chattels  of  the  said  M.  M.  in  his  county  he  should  cause  to  be 
made  certain  moneys  in  the  said  execution  specified,  and  if  sufficient  good? 
and  chattels  of  the  la^t  named  person  could  not  be  found,  that  then  he  should 
sause  the  amount  of  such  judgment  to  be  made  of  the  lands,  tenements,  real 
estate  and  chattels  real,  whereof  the  said  last  named  person  was  seised  at  a 
certain  time,  in  the  said  execution  specified,  as  on  reference  to  the  said  execu- 
tion, now  of  record  in  the  said  Supreme  Court  will  more  fully  appear ;  and 
whereas  because  sufficient  goods  and  chattels,  of  the  said  last  named  person  ic 
the  said  county  could  not  be  found,  whereof  he  the  said  Sheriff  could  cause  tc 
be  made  the  moneys  specified  in  the  said  execution  he,  the  said  Sheriff",  did, 
in  olx'dience  to  the  said  command,  levy  on,  take  and  seize,  all  the  estate,  right, 
title  and  interest  of  the  said  last  named  person,  M.  M.,  of,  in,  and  to  the  lands, 
tenements,  real  estate  and  premises,  hereinafter  particularly  set  forth  and  des- 
cribed, with  the  appurtenances,  and  did  on  the  15th  day  of  July,  1857,  sell  the 
said  premises  at  public  vendue,  at  the  rotunda  of  the  Merchants'  Exchange  in 
the  city  of  Albany,  he  having  first  given  notice  of  the  time  and  place  of  such 
sale  by  advertising  the  same  according  to  law,  at  which  sale  the  said  premises 
were  struck  off,  and  sold  to  C.  D.  for  the  sum  of  $300,  he,  the  said  C.  D.,  being 
the  highest  bidder,  and  that  being  the  highest  sum  bidden  for  the  same. 
Whereupon  the  said  Sheriff,  after  receiving  from  the  said  purchaser  the  said 
sura  of  money,  so  bidden  as  aforesaid,  gave  to  said  C.  D.  such  certificate 
as  is  by  law  directed  to  be  given,  and  a  certificate  of  such  sale  was  duly  filed 
at  the  office  of  the  clerk  of  the  Supreme  Court,  in  the  county  of  Albany,  and 
whereas,  the  fifteen  months  after  such  sale,  and  the  giving  and  filing  of  such 
certificate  thereof,  have  expired,  without  any  redemption,  of  the  said  premi- 
ses having  been  made. 

Now  this  indenture  witnesseth,  that  the  said  party  of  the  first  part,  as  Sheriff 
as  aforesaid,  by  virtue  of  the  said  execution,  and  in  pursuance  of  the  statute 
in  such  case  made  and  provided,  for  and  in  consideration  of  the  sum  of  money 
above  mentioned,  to  him  in  hand  paid,  as  aforesaid,  the  receipt  whereof  is 
hereby  acknowledged,  hath  granted  and  sold,  and  by  these  presents  doth  grant, 
sell,  convey  and  confirm  unto  the  said  party  of  the  second  part,  his  heirs  or 
assigns,  all  the  estate,  right,  title  and  interest  of  the  said  persons  against  whom 
the  said  execution  had  been  issued  as  aforesaid,  whereof  the  said  M.  M.,  wa.s 
seised  or  possessed  on  the  10th  day  of  March,  1857  (being  the  day  mentioned 
in  said  execution),  or  any  time  afterwards,  of,  in  and  to  all  (insert  description). 
Together  with  all  and  singular  the  hereditaments  and  appurtenances  thereunto 
belonging,  or  in  any  wise  apnertainiug;  to  have  and  to  hold  the  said  above 
mentioned  and  described  premises,  with  the  appurtenances,  unto  the  said  party 
of  the  second  part,  his  heir.^  and  assigns  forever,  as  fully  and  absolutely  as  the 
said  party  of  the  first  part,  Sheriff"  as  aforesaid,  can,  may  or  ought  to.  by  virtue 


f 


CONVEYANCES  BY  DEED  AND  MORTCAGE.       151 

of  the  said  execution  and  of  the  statute  in  such  case  made  and  provided, 
gi'ant,  sell  and  convey  the  same. 

In  witness  whereof,  the  said  Sheriff  hath  hereunto  set  his  hand  and  seal, 
the  day  and  year  first  above  written. 

A.  B.,        [l.  S.J 
Sealed  and  delivered  in  )  *  Sheriff. 

the  presence  of         \  


No.    11. 

guardian's  deed. 

This  indenture,  made  the  19th  day  of  December,  in  the  year  1859,  between 
A.  B.,  an  infant  under  twenty-one  years  of  age,  by  C.  D.,  his  special  guardian, 
party  of  the  first  part,  and  J.  H.,  party  of  the  second  part,  witnesseth: 
Whereas,  the  above  named  infant  being  over  Iburteen  years  of  age,  heretofore 
presented  to  the  Supreme  Court,  a  petition  praying  for  a  sale  ol  the  right,  title 
and  interest  of  the  said  infiint  in  the  premises  in  said  petition  mentioned  and 
hereinafter  described.  Upon  which  petition,  an  order  of  the  Supreme  Court 
was  made,  at  a  special  term  of  said  court,  held  at  the  city  hall  in  the  city  o£' 
•Albany,  county  of  Albany,  bearing  date  the  26th  day  of  June,  18.59,  appoint- 
ing C.  I).,  above  named,  the  special  guardian  of  such  infiint.  for  the  purposes- 
ul  the  said  application,  and  directing  that  it  be  referred  to  Gr.  H.,  a  referee  to 
ascertain  the  truth  of  the  facts  in  such  petition  alleged ;  and  thereupon,  after 
the  said  special  guardian  had  given  the  security  by  law  required,  such  pro- 
ceeuiugs  were  afterwards  had,  that  by  an  oi-der  of  the  said  Supreme  Court, 
made  at  a  special  term  thereof,  held  at  the  said  city  hall  in  tlie  county  of  Al- 
bany aforesaid,  bearing  date  the  30th  day  of  August,  in  the  year  1859,  it  was, 
among  other  things,  in  substance  ordered,  that  the  above  named  C.  D.,  special 
guardian  of  such  infant,  be  authorized  to  contract  tor  the  sale  and  conveyance 
of  the  right,  title  and  interest  of  the  said  infant,  in  such  real  estate,  for  a  sum 
not  less  than  that  specified  in  the  referee's  report  in  said  order  mentioned; 
and  that  such  sale  with  the  name  of  the  purchaser,  and  the  terms  thereof,  be 
reported  to  the  said  court,  before  the  conveyance  of  such  premises  should  be 
executed. 

xVnd  whereas,  the  said  special  guardian,  upon  terms  approved  of  by  the  said 
referee,  contracted  for  the  sale  of  the  said  premises  with  J.  K.,  for  the  sum  of 
$3,000,  that  being  the  highest  sum  offered  for  the  same  ;  and  thereupon,  the 
said  guardian  made  his  report  on  oath  of  such  agreement  to  this  court,  pursu- 
ant to  the  requisitions  of  the  last  recited  order,  upon  which  an  order  was 
made,  at  a  special  term  of  said  court,  held  at  the  city  hall  in  Albany  city,  in 
the  county  of  Albany,  bearing  date  the  27th  day  of  November,  1859,  con- 
firming such  report,  approving  and  confirming  such  sale,  and  directing  the 
same  to  be  carried  into  effect,  and  ordering  the  said  guardian  to  execute,  ac- 
knowledge and  deliver  a  deed  of  said  premises  to  said  party  of  the  second 
part,  on  his  complying  with  the  terms  on  which,  by  said  agreement,  the  same 
was  to  be  delivered. 

And  whereas,  the  said  party  of  the  second  part  has  complied  with  the  said 
terms,  now  therefore  this  indenture  witnesseth,  that  the  said  party  of  the 
first  part,  by  C.  D.,  his  special  guardian,  for  and  in  consideration  of  $3,000,  to 
him  in  hand  paid,  before  the  ensealing  and  delivery  of  these  presents,  haa 
bargained,  sold,  granted,  released  and  conveyed,  and  by  these  presents,  does 
bargain,  sell,  grant,  release  and  convey  unto  the  said  party  of  the  second  pari 
his  heirs  and  assigns,  forever,  all  (insert  description),  with  the  possession  and 
claim  of  the  party  of  the  first  part,  of,  in  and  to  the  same,  and  every  part  and 
parcel  thereof,  with  the  appurtenances,  to  have  and  to  hold  the  same  unto  the 
said  party  of  the  second  part,  his  heirs  and  assigns,  to  his  and  their  only  ben©' 
fit  and  behoof,  forever. 


152 


THE  CLERK'S  ASSISTANT. 


In  witness  whereof,  the  said  party  of  the  first  part,  by  his  guardian  alore- 
said,  has  hereunto  set  his  hand  and  seal  the  day  and  3'ear  first  above  written. 

A.  B.  by  C.  D.,         [l.  s.J 
Sealed  and  delivered  in  )  his  Special  Guardian. 

presence  of  )  

3Vo.    13. 

SHERIFF   OR   REFEREe's   DEED   IN   MORTGAGE   CASES. 

This  indenture,  made  the  19th  day  of  December,  in  the  year  1859,  between 
A.  B.,  Sheriff  of  Albany  county  (or  referee)  in  the  action  hereinafter  mentioned, 
party  of  the  first  part,  and  C.  D.,  party  of  the  second  part,  whereas,  at  a 
special  term  of  the  Supreme  Court  of  the  State  of  New  York,  held  at  the 
City  Hall,  Albany,  on  the  20th  day  of  October,  1859,  it  was,  among  other 
things,  ordered,  adjudged  and  decreed,  by  the  said  court,  in  a  certain  action 
then  pending  in  the  said  court,  between  E.  F.,  plaintiff,  against  G.  H.,  I.  J., 
K.  L.,  and  M.  N.,  defendants.  That  all  and  singular  the  mortgaged  premises 
mentioned  in  the  complaint  in  said  action,  and  in  said  judgment  described,  or 
so  much  thereof  as  might  be  sufficient  to  raise  the  amount  due  to  the  plaintiff 
for  principal,  interest  and  costs  in  said  action,  and  which  might  be  sold  sepa- 
rately, without  material  injury  to  the  parties  interested,  be  sold  at  public 
auction,  according  to  the  course  and  practice  of  said  court,  by  or  under  the 
direction  of  the  said  A.  B.,  Sheriff  (who  was  appointed  a  referee  in  said  action), 
and  to  whom  it  was  referred  by  the  said  order  and  judgment  of  the  said  court, 
among  other  things,  to  make  such  sale ;  that  the  said  sale  be  made  in  the 
county  where  the  said  mortgaged  premises,  or  the  greater  part  thereof,  are 
situated  ;  that  the  Sheriff'  (or  referee)  give  public  notice  of  the  time  and  place 
of  such  sale,  according  to  the  course  and  practice  of  said  court,  and  that  any 
of  the  parties  in  said  action  nught  become  a  purchaser  or  purchasers  on  such 
sale ;  that  the  said  Sheriff"  (or  referee)  execute  to  the  purchaser  or  purchasers 
of  the  said  mortgaged  premises,  or  such  part  or  parts  thereof  as  should  be  so 
sold,  a  good  and  sufficient  deed  or  deeds  of  conveyance  for  the  same.  And 
whereas  the  said  Sheriff  (or  referee),  in  pursuance  of  the  order  and  judgment 
of  the  said  court,  did,  on  the  19th  day  of  December,  1859,  sell  at  public  auc- 
tion, at  the  rotunda  of  the  Merchants'  Exchange,  in  the  city  of  Albany,  the 
premises  in  the  said  order  and  judgment  mentioned,  due  notice  of  the  time 
and  place  of  such  sale  being  first  given,  agreeably  to  the  said  order;  at  which 
sale  the  premises  hereinafter  described  were  struck  off  to  the  said  party  of  the 
second  part,  for  the  sum  of  $2,000,  that  being  the  highest  sum  bidden  for  the 
same.  Now  this  indenture  witnesseth.  that  the  said  referee  (or  Sheriff),  the 
party  of  the  first  part  to  these  presents,  in  order  to  carry  into  effect  the  sale 
so  made  by  him  as  aforesaid,  in  pursuance-of  the  order  and  judgment  of  the 
said  court,  and  in  conformity  to  the  statute  in  such  case  made  and  provided, 
and  also  in  consideration  of  the  premises,  and  of  the  said  sum  of  money  so 
bidden,  as  aforesaid,  having  been  first  duly  paid  by  the  said  party  of  the  second 
part,  the  receipt  whereof  is  hereby  acknowledged,  hath  bargained  and  sold, 
and  by  these  presents  doth  grant  and  convey,  unto  the  said  party  of  the  second 
part,  all  (insert  description  of  premises).  To  have  and  to  hold,  all  and  singular 
the  premises  above  mentioned  and  described,  and  hereby  conveyed,  or  in- 
tended so  to  be,  unto  the  said  party  of  the  second  part,  his  heirs  and  assigns, 
to  his  and  their  only  proper  use,  benefit  and  behoof,  forever. 

In  witness  whereof,  the  said  party  of  the  first  part,  Sheriff  (or  referee)  as 
aforesaid,  hath  hereunto  set  his  hand  and  seal  .the  day  and  year  first  above 
.written. 

A.  B.,         [l.  s.j 

.Sealed  and  delivered  )  Sheriff  (or  Referee). 

in  presence  of       \ 


CONVEYANCES  BY  DEED  AND  MORTGAGE..   153 

JSo.    X3. 

DEED    Br    EXECUTORS    UNDER   AN   AUTHORITY    IN   A   WILL. 

This  indenture  made  this  19th  day  of  December,  1859,  between  A.  B.  and  0. 
D.,  Executors  of  the  last  will  and  testament  of  E.  F.,  late  of  the  city  of  Albany, 
deceased,  parties  of  the  first  part,  and  0.  P.  of  the  same  place,  party  of  the 
second  part,  witnesseth  that : 

Whereas  the  said  E.  F.,  in  order  to  enable  hi  e  said  Executors  fully  to  carry 
into  effect  liis  intentions,  did,  in  and  by  his  last  will  and  testament,  authorize 
and  empower  his  said  Executors,  in  any  manner  which  they  should  deem  pro- 
per, to  make  sale  of,  and  execute  and  deliver  deeds  to  convey,  all  his  the  said 
testator's  real  estate. 

Now  therefore  know  ye,  that,  by  virtue  and  authority  to  us  given  by  said 
E.  F..  in  his  last  will  and  testament,  Vve,  the  said  A.  B.  and  G.  D.,  Executors 
as  aforesaid,  in  consideration  of  the  sum  of  $500  to  us  paid  by  0.  P.  (the 
receipt  whereof  is  hereby  acknowledged),  have  given,  granted,  bargained, 
sold,  and  conveyed,  and  by  these  presents  do  give,  grant,  bargain,  ,sell,  and 
convey,  unto  the  said  0.  P.,  his  heirs  and  assigns,  the  following  described  par- 
CL'l  of  real  estate,  which  was  the  property  of  the  said  E.  F.,  situated  in. . . .  , 
.iml  bounded  and  described  as  follows,  to  wit.  (insert  description). 

To  have  and  to  hold  the  aforegranted  premises  to  him  the  said  0.  P.,  his 
heirs  and  assigns,  to  his  and  their  use  and  behoof  forever.  And  we,_  the  said 
A.  B.  and  C.  D.,  do  covenant  with  the  said  0.  P.,  his  heirs  and  assigns,  that 
we  are  lawfully  the  executors  of  the  last  will  and  testament  of  said  E.  F. ; 
and  that  we  have  not  made  or  suffered  any  incumbrance  on  the  hereby-granted 
premises,  since  we  were  appointed  Executors  of  said  E.  F.,  and  that  we  have 
in  all  respects  acted,  in  making  this  conveyance,  in  pursuance  of  the  authority 
granted  to  us  in  and  by  the  said  last  will  and  testament  of  the  said  E.  F. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals  the  day  and 
year  first  above  written. 

^"  ^'  (•  Executors.      '   "  ""}, 
C.  D.  S  I^L.  S.J 


ISO.    14. 

DEED    OF    SHERIFF    OR    REFEREE   IN    PARTITION. 

This  indenture,  made  the  20th  day  of  December,  1859,  between  A.  B., 
Sheriff  (or  referee  appointed  by  the  Supreme  Court  of  the  State  of  New  York), 
dwelling  in  the  city  of  Albany,  of  the  first  part,  and  0.  D.,  of  the  city  and 
county  of  New  York,  of  the  second  part,  witnesseth :  Whereas,  at  a  special 
term  of  the  Supreme  Court  of  the  State  of  New  York,  held  at  the  City  Hall, 
in  the  city  of  Albany,  on  the  21st  day  of  October,  1859,  before  his  honor,  Ira 
Harris,  one  of  the  justices  of  said  court,  it  was,  among  other  things,  ordered, 
adjudged  and  decreed,  by  the  said  court,  in  a  certain  action  then  depending  in 
the  said  court,  between  M.  A.,  plaintiff,  C.  A.,  D»  A.,  and  E.  H.,  defendants; 
that  all  and  singular  the  premises  mentioned  and  set  forth  or  referred  to  in  the 
complaint  in  said  action,  or  so  much  thereof  as  are  hereinafter  particularly 
described,  be  sold  by  or  under  the  direction  of  A.  B.,  Sheriff  (or  referee  ap- 
pointed by  said  court)  at  public  auction,  in  the  county  where  said  premises  are 
situated  :  that  the  said  Slierift'  (or  referee),  first  give  public  notice  of  the  time 
and  place  of  such  sale,  with  a  brief  description  of  the  premises,  according  to 
the  practice  of  the  said  court:  And  whereas,  I,  the  said  Sheriff  [or  referee) 
and  party  of  the  first  part  to  these  presents,  in  pursuance  of  the  order  and 
decree  of  the  said  court,  did  on  the  day  of  the  date  of  these  presents,  sell  at 
public  auction,  at  the  rotunda  of  the  Merchants'  Exchange,  in  the  city  of 
Albany,  the  said  premises  hereinafter  particularly  described,  having  first  given 
public  notice  of  the  time  and  place  of  such  sale,  with  a  brief  description  of  the 

90 


154 


THE  CLERK'S  ASSISTAIsT. 


said  premises,  agreably  to  the  order  aforesaid,  at  which  time  and  place  the 
said  premises  were  struck  off  to  and  purchased  by  the  said  party  of  the  second 
part  to  these  present,  for  the  sum  of  §3,000:  that  being  the  highest  sum  bid- 
den for  tlie  same. 

Now,  therefore,  this  indenture  witnesseth  that  the  said  party  of  the  first 
part,  in  order  to  carry  into  effect  the  said  sale  so  made  as  aforesaid,  in  pursu- 
ance of  the  decree  of  the  said  court ;  and  also  by  virtue  of  the  statute  in  such 
case  made  and  provided,  and  in  consideration  of  the  premises,  and  of  the  sum 
of  $3,000,  paid  by  the  said  party  of  the  second  part  to  these  present,  to  me 
the  said  Sheiiff  {or  referee)  as  aforesaid,  the  receipt  whereof  I  do  hereby  ac- 
knowledge, .have  granted,  bargained  and  sold,  conveyed  and  confirmed,  and 
by  these  presents  do  grant,  bargain  and  sell,  convey  and  confirm  unto  the  said 
party  of  the  second  jsart,  and  to  his  heirs  and  assigns  forever.  All  (insert 
description)  together  with  all  and  singular  the  rights,  titles,  privileges,  mem- 
bers, hereditaments  and  appurtenances  to  the  same  belonging,  or  m  any  wise 
appertaining.  To  have  and  to  hold  all  and  singular  the  said  premises  above 
mentioned  and  described,  and  hereby  granted  and  conveyed,  or  intended  so  to 
be,  unto  the  saiil  party  of  the  second  part,  his  heirs  and  assigns,  to  the  only 
proper  use,  benefit  and  behoof  of  the  said  party  of  the  second  part,  his  heirs 
and  assigns  forever. 

In  witness  whereof,  I,  A.  B.,  the  said  Sheriff  (or  referee)  have  hereunto  set 
my  hand  and  seal  the  day  and  year  first  above  ■written. 

A.  B.  [l.  S.J 

Sheriff  (or  Referee). 


DEED    BT   COMMITTEE    OF   A    LUNATIC. 

This  mdenture,  made  this  20th  day  of  December,  1859,  between  0.  A.,  of 
the  city  and  county  of  New  York,  committee  of  the  person  and  estate  of  B. 
D.,  a  lunatic,  of  the  first  part,  and  L.  M.  of  the  same  place,  of  the  second  part, 
witnesseth :  Whereas,  by  an  order  of  the  Supreme  Court  of  the  State  of 
New  York,  made  on  the  1st  day  of  July  last  past,  reciting  that  it  appeared  to 
the  said  court,  that  the  personal  estate  of  the  said  B.  D.,  are  insufficient  for 
the  payment  of  his  debts,  and  that  a  sale  of  a  portion  of  the  real  estate  of  the 
said  lunatic  was  necessary  for  the  payment  thereof,  said  0.  A.,  as  such  com- 
mittee, was,  among  other  things,  authorized,  empowered  and  directed  to  sell, 
at  public  or  private  sale,  subject  to  the  approbation  of  the  court,  the  premises 
hereinafter  described,  for  the  purpose  of  paying  and  discharging  the  debts  of 
the  said  lunatic,  and  to  report  the  terms  of  sale  or  sales  made  by  him,  to  the 
court,  on  oath,  before  any  contract  or  deed  should  be  executed.  And  whereas, 
the  said  0.  A.  as  such  committee  having  in  pursuance  of  said  order  on  the 
2d  day  of  September,  1859,  made  his  report  to  the  court  on  oath,  stating  that 
he  had  entered  into  an  agreement,  subject  to  the  approbation  of  the  court, 
with  L.  M.  aforesaid,  for  the  sale  to  him  of  the  premises  hereinafter  described, 
at  and  for  the  sum  of  §600,  to  be  paid  on  the  delivery  of  the  deed  therefor. 
And  whereas,  by  another  order  of  the  said  court,  on  the  3d  day  of  Novem- 
ber, 1859,  it  was  ordered  that  the  said  report  and  the  said  agreement  be  rati- 
fied and  confirmed,  and  that  the  said  committee  should  execute,  acknowledge 
and  deliver  to  the  said  L.  M.  a  good  and  sufficient  conveyance,  of  the  tract 
Oi  land  so  purchased  by  him,  upon  receiving  the  purchase  money  agreed  to  be 
paid  therefor. 

Now,  therefore,  this  indenture  witnesseth:  That  the  said  party  of  the  first 
part,  committee  as  aforesaid,  by  virtue  of  the  power  and  autliority  conferred 
upon  him  by  the  several  orders  above  mentioned,  and  in  pursuance  of  the 
statute  in  such  case  made  and  provided,  and  m  consideration  of  the  sum  of 


CONVEYANCES  BY  DEED  AND  MORTGAGE.   155 

$600,  the  said  purchase  money,  to  him  in  hand  paid,  at  or  before  the  enseahng 
and  delivery  of  these  presents,  by  the  said  party  of  the  second  part,  the  re- 
ceipt whereof  is  hereby  confessed  and  acknowledged,  hath  granted,  barg^ained, 
sold,  remisetl,  released  and  conveyed,  and  by  these  presents  doth  grant,  bar- 
gain, sell,  remise,  release  and  convey,  unto  the  said  party  of  the  second  part, 
his  heirs  and  assigns  forever,  all  the  right,  title  and  mterest,  of  the  said  luna- 
tic, of,  in,  and  to  all  that  certain  (insert  description).  To  have  and  to  hold  the 
said  premises  and  every  part  and  parcel  thereof,  with  the  appurtenances,  to 
the  said  L.  M.,  his  heirs  and  assigns  to  his  and  their  only  proper  use,  benefit 
and  behoof  forever. 

0.  A.  [u  s.  1 


IS o.  le. 

DEED    OF    A    WATER-COURSE. 

This  indenture,  made  this  12th  day  of  December,  1859,  between  A.  B.,  of 
the  town  of  Knox,  and  C.  D.,  of  the  same  place,  witnesseth  that: 

Whereas,  the  said  A.  B.  and  C.  D.,  at  the  time  of  the  sealing  and  delivery 
of  these  presents,  are  respectively  seised  in  fee  of  and  in  tAvo  contiguous  tracts, 
pieces  or  parcels  of  land,  with  the  appurtenances,  in  the  township  aforesaid ; 
and  whereas,  there  is  a  dam  and  race,  or  water-course,  erected  and  made  in 
and  upon  a  certain  run  or  stream  of  water,  within  the  land  of  the  said  A.  B., 
for  watering,  overflowing,  and  improving  meadow  ground  thereon  ;  now,  this 
indenture  witnesses,  that  said  A.  B.,  for  divers  good  causes  and  considerations 
and  in  consideration  of  the  sum  of  $10  to  him  paid  by  the  said  C.  D.,  at  or 
before  the  sealing  and  delivery  hereof  (the  receipt  whereof  he  does  hereby 
acknowledge),  has  granted,  bargained,  sold,  released,  and  confirmed,  and  by 
these  presents  does  grant,  bargain,  sell,  release  and  confirm,  unto  the  said  C. 
D.,  and  to  his  heirs  and  assigns,  all  the  water  of  the  said  run  or  stream  of 
"water,  to  be  led  and  conveyed  from  the  said  dam,  along  the  race  or  water- 
■  course  aforesaid,  into  the  said  land  of  the  said  C.  D.,  for  the  space  of  four  days 
in  every  week,  to  wit,  from  Tuesday  evening,  at  sunset,  to  Saturday  evening 
at  sunset,  from  the  1st  day  of  April  to  the  1st  day  of  October,  yearly  and 
every  year,  for  the  watering,  overflowing  and  improving  of  meadow  ground  on 
the  land  of  the  said  C.  D.,  together  with  free  ingress,  egress  and  regress,  to 
and  for  the  said  C.  D.,  his  heirs  and  assigns,  and  his  and  their  workmen,  with 
horses,  carts  and  carriages,  at  all  convenient  times  and  seasons,  through  the 
land  of  the  said  A.  B.,  his  heirs  and  assigns,  in  and  along  the  banks  of  the 
said  dam  and  race,  or  water-course,  for  the  amending,  cleansing  and  repairing 
the  same,  when  and  as  often  as  need  be  or  occasion  require.  To  have  and  to 
hold  all  and  singular  the  premises  and  privileges  hereby  granted  or  mentioned 
or  intended  so  to  be,  with  the  appurtenances,  unto  the  said  C.  D.,  to  the  only 
proper  use  and  behoof  of  the  said  C.  D.,  his  heirs  and  assigns  forever,  he  or  they 
paying  one  moiety  or  half  part  of  the  expenses  which  fi-ora  time  to  time  may 
accrue,  in  supporting,  cleansing  and  repairing  the  dam  and  water-course  afore- 
said. 

In  witness  whereof,  the  said  parties  have  hereto  interchangeably  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

A.  B.  [l.  s.] 
C.  D.  [l.  S.J 


ISo.    XT. 

CORPORATION    DEED. 

This  indenture,  made  the  20th  day  of  December,  1859,  between  the  Mayor, 
Aldermen  and  Commonalty  of  the  city  of  Albany  {or  The  Hudson  River  Bank 


156 


THE  CLERK'S  ASSISTANT. 


of  the  city  of  Hudson),  party  of  the  first,  and  C.  D.,  party  of  the  second  (as 
in  the  usual  form  of  deed  to  the  words  "in  witness,"  &c.,  and  then  add) 
the  said  party  of  the  first  part  hath  hereunto  caused  their  corporate  seal  to  be 
affixed,  and  these  presents  to  be  subscribed  by  A.  B.,  Mayor  of  said  city  {p7- 
President  of  said  bank),  the  day  and  year  first  above  written. 

A.  B  [l.  s.] 

Mayor  (or  President). 


No.    X8. 

sheriff's  certificate  of  sale. 

I,  A.  B.,  Sheriff  of  the  county  of  Monroe,  do  hereby  certify,  that  by  virtue 
of  an  execution  issued  out  of  the  Supreme  Court  of  the  State  of  New  York, 
tested  on  the  3d  day  of  June,  1859,  I  was  commanded  to  make  of  the  per- 
sonal and  real  property  of  E.  F.,  the  sum  of  8400,  which  said  sum  of  $400, 
C.  D.,  had  lately  recovered  again^  the  said  E.  F.,  for  his  damages  and  costs  in 
an  action  in  which  the  said  C.  D.  was  plaintiff  and  E.  F.  was  defendant,  which 
said  judgment  was  entered  and  docketed  in  said  county  on  the  1st  day  of 
June,  1859,  and  for  want  of  suflicient  personal  property  of  the  said  E.  F.  to 
make  the  damages  aforesaid,  that  then  I  should  cause  the  same  to  be  made  of 
the  real  property  whereof  the  said  E.  F.  was  seised  on  the  1st  day  of  June, 
1859.  And  for  want  of  sufficient  personal  property  whereof  to  make  the 
damages  aforesaid,  I  did  seize  and  take  the  lands  hereinafter  described,  to 
wit:  (insert  description,)  and  having  advertised  the  same  according  to  law, 
did  expose  the  same  at  public  sale  on  the  10th  day  of  August,  1859,  and  the 
same  was  struck  off  to  Gr.  H.,  he  being  the  highest  bidder  therefor,  and  that 
being  the  highest  sum  bid  for  the  same. 

And  I,  the  said  A.  B.,  Sheriff,  as  aforesaid,  do  hereby  certify  that  the  said 
Gr.  H.  will  be  entitled  to  a  deed  of  said  land  from  me,  as  Sheriff,  aforesaid,  at 
the  expiration  of  fifteen  mouths  from  the  date  hereof,  unless  the  same  shall  be 
before  that  time  redeemed  agreeably  to  the  provisions  of  the  statute  in  such 
case  made  and  provided. 

Given  under  my  hand  this  10th  day  of  August,  1859. 

A.  B., 

Sheriff  of  iJie  County  of  Monroe. 


L.     M. 

(Ujt. 

E.     F. 

7So.    Xi*. 

AFFIDAVIT    TO   ENTITLE    A    CREDITOR    TO    REDEEM. 

SUPREME  COURT— Monroe  County. 

Judgment  recovered   and  docketed  the   25th  day  of 
August,  1859,  at  3  h.  P.  M. 

Recovery, $253  06 

Costs, 16  10 

$269  16 
B.  B., 

Plaintiff^ s  Atty. 

County  of  Monroe,  ss.     L.  M.  above  named,  a  judgment  creditor  of  E.  F., 
being  duly  sworn,  says  that  tlie  true  sum  due  on  said  judgment,  at  the  time 


CONVEYANCES  BY  DEED  AND  MORTGAGE.       157 

of  claiming  the  right  to  acquire  the  title  of  G.  H.,  the  original  purchaser  at 
the  sherifl's  sale,  of  the  real  estate  of  the  said  B.  R,  in  the  sum  of  $269.16 
and  interest  thereon,  from  the  25th  day  of  August,  1859. 
Sworn  to  before  me  this . . . .  ) 

day  of ,  1860.        \  L.  M. 

R.  R., 
Commissioner  of  Deeds. 


ISo.    30. 

ASSIGNMENT  OF    SHERIFF'S  CERTIFICATE    OF    SALE  INDORSED   ON    THE    CERTIFICATE. 

I,  A.  B.  of  the  city  of  Albany,  in  consideration  of  $500  to  me  in  hand  paid, 
by  L.  M.,  do  hereby  sell,  assign,  transfer,  and  set  over  to  the  said  L.  M.,  the 
within  certificate,  with  all  the  right,  title  and  interest,  which  I  have  or  caa 
have  therein,  or  to  the  land  therein  described  by  virtue  thereof. 

A.  B.  [l.  s.j 


DEED    OF    RIGHT    OF    WAY. 

This  indenture,  made  this  21st  day  of  December,  1859,  between  A.  B.,  party 
of  the  first  part,  and  C.  D.,  party  of  the  second  part,  witnesseth  :  That  the 
said  party  of  the  first  part,  for  and  in  consideration  of  $100,  to  him  in  hand 
paid  by  said  party  of  the  second  part,  doth  hereby  grant,  bargain,  sell  and 
convey  unto  the  said  party  of  the  second  part,  and  to  his  heirs  and  assigns 
forever,  a  right  of  way  in  and  over  a  certain  strip  of  land  (here  give  descrip- 
tion) for  the  said  party  of  the  second  part,  his  heirs  and  assigns,  and  his  and 
their  servants  and  tenants,  at  all  times  to  freely  pass  and  repass,  on  foot,  or 
with  horses,  oxen,  cattle,  beasts  of  burden,  wagons,  cart,  sleighs,  or  other  vehi- 
cle or  carriage  whatsoever,  from  the  highway  to  the  lands  of  the  said  party  of 
the  second  part,  as  aforesaid,  and  from  the  said  lands  of  the  party  of  the 
second  part 'to  the  highway  as  aforesaid.  To  have  and  to  hold  the  said  ease- 
ment and  privilege  to  the  said  party  of  the  second  part,  his  heirs  and  assigns 
forever. 

In  witness  whereof,  the  said  party  of  the  first  part  has  hereto  set  his  hand 
and  seal  the  day  and  year  first  above  written. 

A.  B.  [l.  8.] 


RELEASE    OF    DOWER. 

To  all  to  whom  these  presents  shall  come,  A.  B.,  relict  of  B.  B.,  late  of,  &c., 
send  Greeting:  Know  ye,  that  the  said  A.  B.,  for  and  in  consideration  of 
$50  to  her  in  hand  paid,  at  or  before  the  ensealing  and  delivery  of  these  pre- 
sents, by  her  son  C.  B.,  hath  granted,  remised,  released,  and  forever  quit- 
claimed, and  by  these  presents  doth  grant,  remise,  release,  and  forever  quit- 
claim, unto  the  said  C.  B.,  his  heirs,  and  assigns,  forever,  all  the  dower  and 
thirds,  right  and  title  of  dower,  and  thirds,  and  all  other  right,  title,  interest, 
property,  dlaim,  and  demand,  whatsoever,  in  law  and  equity,  of  her,  the  said 
A.  B.,  of,  in,  and  to  (a  certain  parcel  of  land,  &c.,  or  if  the  release  is  intended 
to  be  a  general  one,  say)  all,  and  every  the  messuages,  lands,  tenements,  and 
real  estate,  whereof  the  said  A.  B.,  died  seised,  or  possessed,  or  whereof  he 
was  seised  or  possessed,  at  the  time  of  his  intermarriage  with  the  said  A.  B., 


158 


THE  CLERK'S  ASSISTANT. 


or  at  any  time  since,  wheresoever  the  same  ma^'  lie,  and  be  situate,  so  that 
she,  the  said  A.  B.,  her  heirs,  executors,  administrators,  or  assigns,  nor  any- 
other  person  or  persons,  for  her,  them,  or  any  of  them,  have,  claim,  challenge, 
or  demand,  or  pretend  to  have,  claim,  challenge,  or  demand  any  dower  or 
thirds,  or  any  other  right,  title,  claim,  or  demand  of,  in,  or  to  the  same,  or  any 
part  or  parcel  thereof,  in  whosoever  hands,  seizin  or  possession,  the  same  may 
or  wan  be,  but  thereof  and  therefrom  shall  be  utterly  barred  and  excluded  for- 
ever, by  these  presents. 

In  witness  whereof,  the  said  A.  B.,  has  hereunto  set  her  hand  and  seal  this 
2l8t  day  of  December,  1859. 

A.  B.  fL.  s.] 


Tfo.    33. 

RELEASE  OF  DOWER  BY  INDORSEMENT  ON  A  DEED. 

Know  all  men  by  these  presents,  that  A.  B.,  the  widow  of  the  within  named 
C.  D.,  lately  deceased,  in  consideration  of  the  sum  of  §10  to  her  in  hand  paid  by 
the  within  named  E.  F.,  at  or  before  the  execution  of  these  presents,  and  for 
divers  other  good  causes  and  considerations,  her  thereunto  moving,  hath 
remised,  released,  and  forever  quit-claimed,  and  by  these  presents  doth,  for  her- 
self, her  heirs,  executors,  and  administrators,  remise,  release,  and  forever  quit- 
claim, unto  the  said  E.  F.,  his  heirs,  and  assigns,  all  the  dower,  and  right,  and 
title  of  dower,  and  all  other  the  estate,  right,  title,  interest,  claim,  and  demand 
whatsoever,  both  at  law  and  in  equity  of  her,  the  said  A.  B.,  which  she  now 
hath,  or  which  she,  her  heu'S,  executors,  or  administrators,  can  or  may  at  any 
time  hereafter,  have,  claim,  or  demand  of,  in,  to,  or  out  of  all  and  singular,  the 
said  land  and  premises,  by  the  within  indenture  conveyed,  or  mentioned,  or 
intended  so  to  be,  or  their  appurtenances,  or  any  part  thereof,  so  that  she,  the 
6aid  A.  B.,  her  heirs,  executors,  and  administrators,  or  any  of  them,  shall  not, 
nor  will,  at  anj'^  time  hereafter,  have,  claim,  or  .pretend  to  any  such  dower  or 
right,  or  title  of  dower,  or  other  estate,  right,  title,  interest,  pretence,  claim,  or 
demand,  as  aforesaid,  of,  in,  to,  or  out  of  the  said  premises,  or  any  part  thereof, 
with  tlieir  appurtenances,  but  of,  and  from  the  same,  and  every  part  thereof, 
shall  and  will  be  from  henceforth  utterly  debarred  and  excluded  forever,  by 
these  pi'esents. 

In  witness  whereof,  the  said  A.  B.  has  hereunto  set  her  hand  and  seal  this 
21st  day  of  December,  1859. 

A-  B.  [l.  s.] 


7So.    34. 


RELEASE PART    OF    MORTGAGED    PREMISES. 

This  indenture,  made  the  21st  day  of  December,  in  the  year  1859,  between 
A.  B.,  of  the  city  of  New  York,  of  Ihe  first  part,  and  CD.,  of  the  same  place, 
of  the  second  part: 

Whereas,  E.  F.,  by  indenture  of  mortgage  bearing  date  the  10th  day  of 
May,  1855,  for  the  consideration  therein  mentioned,  and  to  secure  the  payment 
of  the  money  therein  specified,  did  convey  certain  lands  and  tenements,  of 
which  the  lands  hereinafter  described  are  part,  unto  A.  B.,  aforesaid:  And 
whereas,  the  said  party  of  the  first  part,  at  the  request  of  the  said  party  of 
the  second  part,  has  agreed  to  give  up  and  surrender  the  •  lands  hereinafter 
described,  unto  the  said  party  of  the  second  part,  and  to  hold  and  retain  the 
residue  of  the  mortgaged  lands  as  security  for  the  money  remaining  due  on 


CONVEYANCES  BY  DEED  AND  MORTGAGE.        159 

the  said  mortgage :  Now  this  indenture  witnesseth,  that  the  said  party  of  the 
first  part,  in  pursuance  of  the  said  agreement,  and  in  consideration  of  $5 
to  him  duly  paid  at  the  time  of  the  enseahng  and  delivery  of  these  pre- 
sents, the  receipt  whereof  is  hereby  acknowledged,  has  granted,  released,  quit- 
claimed, and  set  over,  and  by  these  presents  does  grant,  release,  quit-claim, 
and  set  over,  unto  the  said  part)'^  of  the  second  part,  all  that  part  of  the  said 
mortg,-._;'ed  lands  finsert  description):  Tngether  with  the  hereditaments  and 
appurtenances  thereto  belonging;  and  all  the  right,  litle,  and  interest  of 
the  said  party  of  the  first  part,  of,  in,  and  to  the  same,  to  the  intent  that  the 
lands  hereby  conveyed  may  be  discharged  from  the  said  mortgage,  and  that 
the  rest  of  the  lands  in  the  said  mortgage  specified  may  remain  to  the  said 
party  of  the  firSt  part,  as  heretofore.  To  have  and  to  hold  the  lands  and  pre- 
mises hereby  released  and  conveyed,  to  the  said  party  of  the  second  part,  his 
heirs  and  assigns,  to  his  and  their  only  proper  use,  benefit,  and  behoof,  forever, 
free,  clear,  and  discharged  of  and  from  all  hen  and  claim,  under  and  by  virtue 
of  the  indenture  of  mortgage  aforesaid. 

In  witness  whereof,  the  said  party  has  hereto  set  liis  hand  and  seal  the  day 
and  year  first  above  written. 

A.  B.  [l.  s.] 


T«^o.    35. 

MORTGAGE INTEREST    CLAUSE. 

This  indenture,  made  the  21st  day  of  December,  1859,  between  A.  B.,  ol 
the  town  of  Greenbush.  and  0.  B.  his  wife,  parties  of  the  first  part,  and  E. 
D.,  of  the  same  place,  of  the  second  part,  witnesseth,  that  the  said  parties  of 
the  first  part,  in  consideration  of  tlie  sum  of  §1,000,  to  them  duly  paid,  have 
granted,  bargained,  sold  and  conveyed,  and  by  these  presents  do  grant,  bar- 
gain, sell  and  convey  to  the  said  party  of  the  second  part,  and  to  his  heirs  and 
assigns  forever,  all  (insert  description),  with  the  appurtenances,  and  all  the 
estate,  title  and  interest,  of  the  said  party  of  the  first  part  therein :  to  have 
and  to  hold  the  same  to  the  said  party  of  the  second  part,  his  heirs  and 
assigns  forever.*  Provided  always,  and  these  presents  are  on  this  express 
condition,  that  if  the  said  A.  B.,  his  heirs,  executors  or  administrators,  shall  well 
and  truly  pay,  or  cause  to  be  paid,  to  the  party  of  the  second  part,  his  certain 
attorney,  heirs,  executors,  administrators,  or  assigns,  the  sum  of  $1,000,  in  three 
years  from  the  date  hereof,  with  interest  thereon;  interest  at  seven  per  cent 
per  annum,  payable  semi-annually,  according  to  the  condition  of  a  certain 
bond  or  writing  obligatory,  bearing  even  date  herewith,  executed  by  the  said 
A.  B.,  to  the  said  party  of  the  second  part,  which  said  sums  the  said  A.  B. 
hereby  covenants  to  pay,  then  these  presents  shall  cease  and  be  void.  And 
it  is  hereby  farther  provided,  that  in  case  any  installment  of  principal,  or  any 
part  thereof,  or  any  interest  moneys,  or  any  part  thereof,  hereby  secured  to 
be  paid,  shall  remain  due  and  unpaid  for  the  space  of  thirty  days  after  the 
same  shall  by  the  terms  hereof  become  due  and  payable,  that  then  and  in  that 
case  the  whole  principal  sum  hereby  secured  to  be  paid,  together  with  the 
interest  thereon,  shall  (at  the  option  of  the  said  obligee,  his  executors,  adminis- 
trators or  assigns),  become  due  and  payable  forthwith,  any  thing  herein  con- 
tained to  the  contrary  notwithstanding.  And,  in  case  default  shall  be  made 
in  the  payment  of  the  principal  sum  hereby  intended  to  be  secured,  or  in  the 
payment  of  the  interest  thereof,  or  any  part  of  such  principal  or  interest  as 
above  provided,  then  the  said  party  of  the  second  part,  his  executors,  admi- 
nistrators or  assigns,  are  hereby  authorized,  pursuant  to  statute,  to  sell  the 
premises  above  granted,  or  so  much  thereof  as  will  be  necessary  to  satisiy  the 
amount  then  due,  with  the  costs  and  expenses  allowed  by  law,  rendering  the 


160 


THE  CLERK'S  ASSISTANT. 


overplus^  if  any  there  may  be,  to  the  said  parties  of  the  first  part,  their  heirs, 
executoi-s,  administrators  or  assigns. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set  their 
hands  and  seals,  the  day  and  year  first  above  written. 

A.  B.  [l.  s.] 
Sealed  and  deUvered  in  )  C.  B.  \k  S.J 

the  presence  of        J 


3Vo.    S36. 

MORTGAGE    WITH   COVENANT   TO    INSURE 

This  indenture,  made  the  21st  day  of  December,  1859,  between  A.  B.,  of 
the  town  of  Bethlehem,  and  S.  B.  his  wife,  parties  of  the  first  part,  and  0. 
D.,  of  the  town  of  Knox,  party  of  the  second  part,  witnesseth,  that  the  said 
parties  of  the  first  part,  in  consideration  of  $1,000  to  them  duly  paid,  have 
sold  and  by  these  presents  do  grant  and  convey  to  the  said  party  of  the  second 
part,  and  to  his  heirs  and  assigns,  forever,  all  (insert  description),  with  the 
appurtenances,  and  all  the  estate,  title  and  interest  of  the  said  party  of  the 
first  part  therein.  And  the  said  A.  B.  covenants  with  the  said  party  of  the 
second  part,  and  his  assigns,  to  keep  the  building  now  standing  or  hereafter  to 
be  erectea  on  the  above  described  premises,  insured  in  some  solvent  insurance 
con.paLy  in  this  State,  to  the  amount  of  at  least  $800,  and  keep  the  policy  of 
such  insurance  assigned  to  the  said  party  of  the  second  part  and  his  heirs  and 
assigns ;  and  in  case  of  any  failure  in  this  covenant,  the  party  of  the  second 
part  or  his  assigns  may  eftect  an  insurance  to  the  amount  aforesaid,  and  the 
premium  and  expense  of  such  insurance  maybe  added  to  and  be  deemed  part 
of  the  moneys  hereby  secured.*  This  grant  is  intended  as  a  security  for  the 
payment  of  $1,000  and  interest  thereon,  as  follows:  $500  in  one  year  from 
the  date  hereof,  and  the  balance  in  three  years  from  the  date  hereof;  interest 
being  seven  per  cent  per  annum,  payable  semi-annually,  on  all  sums  unpaid, 
according  to  the  condition  of  a  certain  bond  or  writing  obligatory,  bearing 
even  date  herewith,  executed  by  the  said  A.  B.  to  the  said  party  of  the  second 
part,  as  a  collateral  security,  which  payments,  together  with  all  the  premiums 
and  expenses  for  policies  of  insurance,  if  duly  made,  will  render  this  convey- 
ance void.  And  if  default  shall  be  made  in  payment  of  the  principal  or  inte- 
rest above  mentioned,  or  in  keeping  said  premises  insured,  and  the  policy 
assigned  as  herein  covenanted  for,  then  the  said  party  of  the  second  part,  and  his 
assigns  are  hereby  authorized,  pursuant  to  statute,  to  sell  the  premises  above 
granted,  or  so  much  thereof  as  will  be  necessary  to  satisfy  the  amount  hereby 
secured,  with  the  costs  and  expenses  allowed  by  law  ;  rendering  the  overplus, 
if  any  there  may  be,  to  the  said  parties  of  the  first  part,  their  heirs  and  exe- 
cutors, administrators  or  assigns. 

In  witness  whereof,  the  said  parties  of  the  first  part  have  hereunto  set  their 
bands  and  seals  the  day  and  year  first  above  written. 

A.  B.  [l.  S.J 

Sealed  and  delivered  in  )  S.  B.  [l.  s.] 

the  presence  of        ) 


MORTGAGE  FOR  PURCHASE  MONET. 


(Insert  immediately  after  the  description  in  either  of  the  foregoing  mort- 
gages the  following :) 

Being  the  same  premises  this  day  conveyed  by  the  said  C.  D.  to  the  said  A 
B.,  and  these  presents  are  given  to  secure  the  payment  of  (piart  of)  the  con 
sideration  money  of  the  said  premises. 


CONVEYANCES  BY  DEED  AND  MORTGAGE.       161 

(P.  S.  When  the  mortgage  is  given  for  the  purchase  money,  or  a  part  of  the 
purdiase  money,  it  is  not  necessary  that  the  wife  join  in  the  mortgage.) 


Jfo.    38. 

MORTGAGE    TO    SECURE    NOTE. 

(As  in  No.  25  and  No.  26  to  the  *  and  then  as  follows:) 

This  conveyance  is  intended  to  secure  the  payment  of  a  certain  promissory 
note  or  any  note  given  in  renewals  thereof;  said  note  was  given  by  the  said 
party  of  the  first  part  to  the  said  party  of  the  second  part  for  the  sum  of  $500 
bearing  date  December  21,  1859,  and  payable  one  year  from  date  thereof  with 
interest;  and  if  the  amount  of  said  note,  principal  and  interest,  and  all  notes 
given  in  renewal  thereof  shall  be  paid  at  maturity,  then  these  presents  shall 
become  void ;  but  if  default  shall  be  made  in  the  payment  of  the  said  note  or 
the  notes  given  in  renewal  thereof  or  any  part  thereof  (o?-  in  keeping  said 
premises  insured,  and  the  policy  assigned  as  herein  covenanted  for),  then  the 
said  party  of  the  second  part  and  his  assigns,  are  hereby  authorized,  pursuant 
to  statute,  to  sell  the  premises  above  granted,  or  so  much  thereof  as  will  be 
necessary  to  satisfy  the  amount  hereby  secured  with  costs  and  expenses  allow- 
ed by  law ;  rendering  the  surplus,  if  any  there  may  be,  to  the  said  parties  of 
the  first  part,  their  heirs  and  executors,  administrators  or  assigns. 

In  witness,  &c. 


No.    »». 

MORTGAGE   TO   SECURE   INDORSER. 

(As  in  No.  25  or  No.  26  to  the  *  and  then  as  follows.") 

Whereas,  the  said  party  of  the  second  part  at  the  request  of  the  said  party 
of  the  first  part  and  for  his  benefit,  has  on  the  day  of  the  date  hereof  indorsed 
a  certain  promissory  note  made  by  the  said  party  of  the  first  part  for  the  sum 
of  $600,  bearing  even  date  herewith  payable  one  year  from  date.  Now,  there- 
fore, this  conveyance  is  intended  to  secure  the  party  of  the  second  part  for  all 
principal  and  interest  money,  costs  and  expenses,  which  he  may  be  compelled 
to  pay  m  consequence  of  the  failure  of  the  said  party  of  the  first  part  to  pay 
and  take  up  said  note  at  maturity,  or  any  note  which  may  be  given  in  renewal 
of  the  same  and  which  may  be  indorsed  by  said  party  of  the  second  part; 
and  if  the  amount  of  the  said  note,  principal  and  interest,  shall  be  paid  at 
maturitjr,  or  of  all  notes  which  may  be  given  in  renewal  of  the  same  shall  be 
paid,  and  the  said  party  of  the  first  part  saved  harmless  therefrom,  then  these 
presents  shall  become  void;  but  if  default  sliall  be  made  by  the  said  party  of 
the  first  part  in  the  payment  of  the  said  sum  of  money,  or  any  part  thereof, 
and  the  same  be  paid  by  or  collected  of  the  party  of  the  second  part,  the  said 
party  of  the  first  part  doth  hereby  authorize  and  empower  the  said  party  of 
the  second  part,  his  heirs  and  assigns,  pursuant  to  the  statute,  to  sell  the  said 
premises  hereby  granted,  or  so  much  thereof  as  will  be  necessary  to  satisfy 
the  amount  so  necessarily  paid  by  him  with  the  costs  and  expenses  allowed  by 
law;  rendering  the  surplus,  if  any  there  may  be,  to  the  said  parties  of  the  fiist 
Dart,  their  heirs  and  executors,  administrators  or  assigns. 

In  witness,  &c. 


21 


162  THE  CLERK'S  ASSISTANT. 

I«^o.    30. 

NOTICE    OF   SALE    ON    A    FORECLOSURE    OF   A    MORTGAGE    BY    ADVERTISFJIENT. 

Mortgage  Sale. — By  virtue  of  a  mortgage  bearing  date  July  6,  1855,  A 
B.,  and  E.  his  Avife,  of  the  city  of  Albany,  conveyed  to  C.  D.,  of  the  same 
place,  certain  premises  described  in  said  mortgage  as  follows  (insert  descrip- 
tion): Said  mortgage,  with  the  power  of  sale  therein  contained,  was  recorded 
in  the  clerk's  office  of  the  city  and  county  of  Albany,  the  7ih  day  of  July, 
1855,  at  11  o'clock,  a.  m.,  in  the  book  of  mortgages  No.  80,  on  page  650,  &c.* 
The  amount  due  on  said  mortgage  at  the  time  of  the  first  publication  of  this 
notice  is  $735.  Now,  therefore,  notice  is  hereby  given  that  said  mortgaged 
premises  will  be  sold  at  pubHc  auction  tu  the  hii^hest  bidder,  on  the  26th  day 
of  December,  1859,  at  12  o'clock  noon,  in  the  rotunda  of  the  Merchants'  Ex- 
change, in  the  city  of  Albany. 

C.  D.,  Mortgagee. 

Dated  September  24,  1859. 

B.  B.,  Attorney. 


3Vo.    31. 

NOTICE    OF    SALE    ON    A    FORECLOSURE    WHEN    THE     MORTGAGE    HAS    BEEN    ASSIGNED. 

{As  in  No.  30  to  the  *  and  then  insert  the  following :) 

Which  said  mortgage  with  the  power  of  sale  therein  contained  was  on  the 
1st  day  of  May,  1858,  by  an  instrument  in  writing  duly  signed  and  sealed  for 
a  valuable  consideration  duly  transferred  and  assigned  to  L.  M.,  who  is  now 
the  holder  and  owner  thereof,  which  said  assignment  is  duly  recorded  in  the 
office  of  the  clerk  of  the  county  of  Albany  in  book  No.  81  of  mortgages  ou 
page  700,  &c. 


No.    3». 

AFFIDAVIT    OF    PUBLICATION    ON    FORECLOSURE    BY   ADVERTISEMENT. 

State  of  New  York,  City  and  County  of  Albany,  ss.  J.  N.,  of  the  city  ol 
Albany,  county  of  Albany,  and  State  of  New  York,  being  duly  sworn 
deposeth  and  saith,  that  he  is  the  foreman  in  the  office  of  the  printer  of  the 
newspaper  called  the  Albany  Evening  Journal,  a  public  newspaper,  piinted 
and  pubhshed  in  the  county  of  Albany,  where  the  premises  described  in  the 
annexed  printed  notice  of  sale,  or  a  part  thereof,  are  situated.  Deponent 
further  saith,  that  the  notice  of  the  mortgage  sale,  of  which  a  printed  copy  is 
hereto  annexed,  was  published  for  twelve  weeks  successively  in  said  paper,  at 
least  once  in  each  week,  prior  to  the  time  specified  in  said  notice  for  the  sale 
of  said  premises;  said  publication  having  been  commenced  on  the  24th  day  of 
September,  in  the  year  1859,  and  continued  for  twelve  weeks  at  least,  succes- 
sively, at  least  once  in  each  week  in  said  paper. 

J.  N. 

Subscribed  and  sworn  to  before  me,  and  certified  ) 
by  me,  this  26th  day  of  December,  1859.        ) 

L.  B.,    Commissioner  of  Deeds. 


If  o.    33. 

PROOF    OF   POSTING    NOTICE    ON    THE    COURT   HOUSE    DOOR. 

State  of  New  York,    City   and  County  of  Albany,  ss.     R.   R.,  of  the   city 
of  Albany,  in  the  county  of  Albany  and  State  of  New  York,  being  sworn, 


CONVEYANCES  BY  DEED  AND  MORTGAGE.       163 

pays  that  he  did  on  ihe  24th  day  of  September,  in  the  year  1859,  and  at  least 
twelve  weeks  prior  to  the  time  specified  in  the  annexed  printed  notice,  for  the 
sale  of  the  mortgaged  premises  tlaerein  described,  affix  a  copy  of  the  annexed 
printed  notice  in  a  conspicuous  place  and  in  a  proper  and  substantial  manner, 
on  the  outward  door  of  the  Court  House  or  building  in  the  city  of  Albany, 
where  the  county  courts  are  appointed  to  be  held  in  and  for  the  county  of 
Albany,  in  which  said  mortgaged  premises  are  situated,  that  being  the  Court 
House  or  building  where  cuimty  courts  of  said  county  are  appointed  to  be 
held,  nearest  to  said  mortgaged  premises. 

Subscribed  and  sworn  to  before  me,  and  certified  ) 
by  me,   this  2Gth  day  of  December,  1859,        \ 

L.  B.,    Commissioner  of  Deeds. 


No.    34. 

AFFIDAVIT    OF    AUCTIONEEE    WHO    MADE   THE   SALE. 

State  of  New  York,  City  and  County  of  Albany,  ss.  A.  D.,  of  the 
city  of  Albany,  in  the  county  of  Albany  and  State  of  New  York,  being  duly 
sworn,  deposeth  and  saith,  that  he  officiated  as  auctioneer  at  the  sale  of  the 
mortgaged  premises  described  in  the  annexed  printed  copy  of  the  notice  of 
sale.  Deponent  further  saith,  that  such  sale  Avas  made  at  public  auction  in 
the  daytime,  and  was  conducted  faiily  and  openly  in  pursuance  of  said  notice. 
Deponent  further  saith,  that  such  sale  took  place  at  12  o'clock  at  noon  on  the 
26th  day  of  December,  in  the  year  1859,  at  the  place  mentioned  in  said  printed 
notice,  to  wit :  The  rotunda  in  the  Merchants'  Exchange,  in  the  city  and  the 
county  of  Albany,  where  tlie  premises  sold  or  some  part  thereof  are  situated ; 
that  the  premises  so  far  as  the  same  consisted  of  distinct  tracts,  farms  or  lots, 
were  sold  separately,  and  no  more  tracts,  farms  or  lots  were  sold  than  were 
necessary  to  satisfy  the  amount  claimed  to  be  due  on  said  mortgage  in  said 
notice  at  the  day  of  the  first  publication  thereof,  and  interests  and  costs  and 
expenses  allowed  by  law.  Deponent  further  saitli,  that  every  part  of  said 
premises  sold  by  deponent  was  fairly  struck  off  and  sold  to  the  highest  bidder, 
and  that  the  sum  of  $2,000  was  the  highest  sum  bid,  and  P.  P.,  was  the 
highest  bidder  for,  and  the  purchaser  ot^  the  premises  described  in  said  notice 
of  sale. 

A.  D. 

Subscribed  and  sworn  to  before  me,  and  certified  ) 
by  me  this  2Gth  day  of  December,  1859,         \ , 

L.  B.,    Commissioner  of  Deeds. 


ISO.    35. 

PROOF  OF  SERVING  NOTICE  OF  SALE  IN  FORECLOSURE. 

Albany  City  and  County,  ss.  M.  P.,  of  said  city,  being  sworn  says,  that  he 
did,  at  least  28  days  prior  to  the  time  specified  in  the  annexed  printed  notice 
for  the  sale  of  the  mortgaged  premises  therein  described,  serve  upon  B.  0.,  a 
copy  of  the  annexed  printed  notice  of  sale,  by  depositing  the  same  in  the 
post-office,  properly  folded  and  directed  to  the  said  B  0.  at  New  York,  his 
place  of  residence,  and  paying  the  postage  thereon,  and  that  at  least  fourteen 
days  prior  to  the  time  specified  in  said  notice  of  sale  of  the  mortgaged  pre- 
mises therein  described,  he  served  personally  upon  M.  Q.,  a  like  printed  notice 


164  THE  CLERK'S  ASSISTANT. 

of  sale,  by  handing  the  same  to,  and  leaving  the  same  with  the  said  M.  Q.  at 
Bethlehem,  in  the  county  of  Albany  :  and  that  at  least  fourteen  days  prior  to 
the  said  specified  time  of  sale,  he  served  a  like  notice  upon  Q.  M.,  by  leaving 
the  same  at  the  dwelling-house  of  the  said  Q.  M.,  in  charge  of  a  person  of 
suitable  age. 

Subscribed,  &c.  M.  P. 


IH"o.    36. 

PROOF  OF  AFFIXING    NOTICE    OF  SALE  IN  THE    PROPER  BOOK  IN    THE  COUNTY   CLERK's 

OFFICE. 

Albany  City  and  County,  ss.  P.  M.  of  said  city  being  sworn  says,  that  he 
did  on  the  24th  day  of  September,  1859,  and  at  least  twelve  weeks  prior  to 
the  time  specified  in  the  annexed  printed  notice  for  the  sale  of  the  mortgaged 
premises  therein  described,  deliver  a  copy  of  such  notice  of  sale  t  >  the 
county  clerk  of  the  county  of  Albany,  who  did  immediately  and  on  the  said 
24th  of  September,  and  in  the  presence  and  sight  of  this  deponent,  affix  the 
same  in  the  proper  book  kept  by  said  county  clerk  for  the  affixing  thereon  of 
notices  of  sale  of  the  foreclosure  of  mortgaged  premises. 

Subscribed,  &c.  P.  M. 

N.  B.  Nos.  32,  33,  34,  35,  and  36,  should  each  of  them  be  annexed  to  the 
printed  copy  of  the  notice  of  sale. 


2Vo.    3*7. 

COSTS   IN   FORECLOSURE   OF   SALE   BT  ADVERTISEMENT 

STATUTE  FORECLOSURE. 


C.     D. 

arjt. 

A.  B.,  E.  B.,  and  M.  Q. 


Drawing  notice  of  sale  folios  C,  at  25c. ;  engrossing,  at  12^0., $2  25 

Printer's  fees  for  publication, 9  00 

County  Clerk's  fees  for  searches,   1  75 

Copy  notice  of  sale  for  printer's  affidavit,  folios  6,  at  I25C.,  75 

Drawing  affidavit  of  printer,  folio   1,  25c. ;  engrossing,  12^c. ;  affida- 
vit, 12^c., 50 

Copy  notice  to  post,  75c. ;  posting,  $1, 1  75 

Three  copies  to  serve,  at  75c.  each  ;  serving,  $1  each, 5  25 

Drawing  affidavit  of  posting,  foho  1,  at  25c. ;  engrossing,  I25C. ;  affida- 
vit, 12^0., 50 

Drawing  affidavit  of  serving  on  county  clerk  and  affixing  in  the  book, 

folios  2,  at  25c  ;  engrossing,  at  I22C. ;   affidavit,  12^0., 87^ 

Copy  notice  for  proof  of  posting,  folios  (3,  at  12^0., 75 

Copy  notice  to  affix  in  county  clerk's  office,  folios  6,  at  12^0., 75 

Drawing  proof  of  service  of  notice,  folio  1,  at  25c.;  engrossing  12^.; 

affidavit,  I2|c., 50 

Copy  notice  for  proof  of  service  of  notice,  foUos  6,  at,12ic., 75 

Attorney's  fees  by  statute, 10  00 

Drawing  conditions  of  sale,  folios  2,  at  25c. ;  engrossing  at  12^c.,  ...  75 

Drawing  copy  costs,  folios  2,  at  25c. ;  engrossing  at  12^c.,      75 

Recording  papers,  when  mortgagee  is  the  buyer. 


CHAPTER  XIIL 

CORONERS. 

Four  Coroners  are  to  be  elected  for  every  county  in  tlie  State. 
They  are  to  be  elected  at  a  general  election,  and  to  continue  in 
office  for  three  years.  They  must  be  residents  of  the  county  for 
which  they  are  elected,  and  may  perform  the  duties  of  the  office 
at  any  place  within  the  county,  except  that  in  the  city  and 
county  of  New  York  each  Coroner  is  limited  in  his  duties  to 
that  of  a  Senate  district.  The  Coroner  enters  upon  the  duties 
of  his  office  on  the  first  day  of  January  succeeding  his  election  ; 
he  may  resign  his  office  to  the  Governor,  or  he  may  be  removed 
by  the  Governor  on  charges  preferred  against  him.  The  office 
of  a  Coroner  will  become  vacant  on  tis  ceasing  to  be  an  inhabi- 
tant of  the  county  for  which  he  shall  have  been  chosen,  on  his 
conviction  of  an  infamous  crime,  or  any  offense  involving  a  vio- 
lation of  his  oath  of  office,  and  on  his  neglect  or  refusal  to  take 
the  oath  of  office  within  the  time  required  by  law,  and  on  his 
acceptance  of  another  office  the  duties  of  which  are  incompatible 
with  those  of  the  office  of  Coroner. 

Whenever  a  vacancy  shall  occur  in  the  office  of  Sheriff  of  any 
county,  and  there  shall  be  no  Under  Sheriff  of  such  county  then 
in  office,  or  the  office  of  Under  Sheriff  shall  become  vacant,  it 
shall  be  the  duty  of  the  County  Judge  of  the  county  to  designate 
one  of  the  Coroners  of  the  county  to  execute  the  office  of  She- 
riff until  a  Sheriff  shall  be  elected  or  appointed  and  qualified. 
Previous  to  entering  upon  the  duties  of  Sheriff,  the  Coroner 
must  file  a  bond  in  the  office  of  the  County  Clerk,  in  like  form 
and  with  like  sureties  as  a  Sheriff  of  the  county. 

The  duties  of  Coroners  are :  to  hold  inquests  upon  the  body 
of  any  person  that  has  been  slain,  or  has  suddenly  died,  or  has 
been  dangerously  wounded,  or  has  been  found  dead  under  sucli 
circumstances  as  to  require  an  inquisition  withm  their  jurisdio- 


166 


THE  CLERK'S  ASSISTANT. 


tion  :  to  issue  process  for  the  arrest,  and  to  take  the  examination 
of  any  one  charged  upon  an  inquest  with  murder,  manslaughter 
or  assault:  to  act  as  conservator  of  the  public  peace:  to  take 
charge  of  any  wrecked  property  which  may  be  found  in  their 
jurisdiction:  to  execute  process  whenever  the  sheriff  of  the 
county  shall  be  a  party  in  the  suit :  and  to  discharge  the  duties 
of  the  sheriff  in  the  cases  above  mentioned. 

The  duties  of  Coroners  upon  inquests,  and  in  the  examination  of 
prisoners  charged  upon  inquest  with  murder,  manslaughter  or 
assault,  must  be  executed  by  them  in  person,  and  not  by  deputy. 

Whenever  any  Coroner  shall  receive  any  notice  that  any  per- 
son has  been  slain,  or  has  suddenly  died,  or  has  been  danger- 
ously wounded,  or  has  been  found  dead  under  such  circumstan- 
ces as  to  require  an  inquisition,  it  shall  be  the  duty  of  such 
Coroner  to  go  to  the  place  where  such  person  shall  be,  and 
forthwith  to  summon  not  less  than  nine  nor  more  than  fifteen 
persons,  qualified  by  law  to  serve  as  jurors,  and  not  exempt 
from  such  service,  to  appear  before  such  Coroner  forthwith,  at 
such  place  as  he  shall  appoint,  to  make  inquisition  concerning 
such  death  or  wounding.  Whenever  six  or  more  of  the  jurors 
shall  appear,  they  are  to  be  sworn  to  make  a  true  inquisition  ac- 
cording to  the  evidence  offered  them,  or  arising  from  an  inspection 
of  the  body.  The  Coroner  has  power  to  issue  subpoenas  for 
witnesses  and  to  compel  their  attendance,  and  it  is  his  duty  to 
cause  some  surgeon  or  physician  to  be  subpoenaed  to  appear  as 
a  witness  upon  the  taking  of  such  inquest. 

The  Coroner  is  to  swear  Or  afiirm  the  witness  and  conduct  the 
examination,  and  reduce  the  testimony  to  writing,  and  the  jurors 
may  ask  questions. 

The  jury,  upon  the  inspection  of  the  bod}^  of  the  person  dead 
or  wounded,  and  alter  hearing  the  testimony,  shall  deliver  to  the 
Coroner  their  inquisition  in  writing,  to  be  signed  by  them,  in 
which  they  shall  find  and  certify  how  and  in  what  manner,  and 
when  and  where,  the  person  so  dead  or  wounded  came  to  his 
death  or  was  wounded,  as  the  case  may  be,  and  who  such  per- 
son was;  and  all  the  circumstances  attending  such  death  or 
wounding,  and  who  were  guilty  thereof,  either  as  principal  or 
accessory,  and  in  what  manner. 

If  the  jury  find  that  any  murder,  manslaughter  or  assault 


COROXERS.  167 

has  been  committed,  tlie  Coroner  shall  bind  over  the  witnesses  to 
appear  and  testify  at  the  next  Criminal  Court,  at  which  an  in- 
dictment for  such  offense  can  be  found,  that  shall  be  held  in  the 
county.  And  in  such  case,  if  the  party  charged  with  an}'  such 
ofi'ense  be  not  in  custody,  the  Coroner  shall  have  power  to  issue 
process  for  his  apprehension,  in  the  same  manner  as  justices  of 
the  peace.  The  testimony  taken  by  the  Coroner  is  to  be  returned 
with  the  inquisition  of  the  jury,  and  all  recognizances  and  ex- 
aminations taken  by  such  Coroner,  to  the  next  criminal  court  of 
record  that  shall  be  held  in  the  county. 

All  moneys  and  other  valuable  things  which  may  be  found 
with  or  upon  the  bodies  of  persons  on  whom  inquests  may  be 
held,  which  shall  not  be  claimed  by  the  legal  representatives  of 
such  person  or  persons  are  to  be  delivered  to  the  treasurers  of 
the  respective  counties. 

The  Coroners'  fees  and  expenses  are  a  charge  upon  the  county, 
but  before  auditing  and  allowing  their  accounts  the  Supervisors 
are  to  require  from  them,  respectively,  a  statement,  in  writing, 
verified  by  oath,  or  affirmation,  of  all  money  or  other  valuable 
things,  found  as  aforesaid,  and  of  the  disposition  of  the  same. 

The  Coroner  must  execute  all  process  in  actions  where  the-^ 
Sheriff  is  a  party,  except  when  otherwise  provided  by  law,  and; 
for  this  purpose  he  has  the  same  authority,  and  is  subject  to  the- 
same  or  similar  provisions  and  liabilities  as  the  Sheriff.     When 
he  arrests  a  person  at  the  suit  of  the  Sheriff,  he  may  confine- 
such  person  in  the  common  jail  of  the  county,  but  he  will  not 
be  liable  for  any  escape  therefrom.     If  the  prisoner  gives  bonds 
for  the  liberties,  such  bonds  must  be  given  to  .the  Coroner'  and 
then  he  becomes  liable  for  the  escape  of  the  prisoner.     K  the 
Sheriff,  when  arrested  by  the  Coroner,  neglect  to  give  bail,  the 
Coroner  is 'required  to  confine  him  in  some  house  within  the  lib- 
erties of  the  jail  of  the  county,  and  such  house  thereupon  be- 
comes the  county  jail  for  the  use  of  the  Coroner,  and'  the  Coro- 
ner is  liable  for  any  escape,  and  he  may  take  bonds  for  the  liber- 
ties, in  the  same  manner  as  the  Sheriff  in  other  cases. 

In  case  of  the  absence  or  inability  of  the  Coroner  of  the  city 
and  county  of  New  York,  any  Alderman  or  Special  Justice  of 
the  city  may  perform  any  duty  appertaining  to  the  office  of  such 
Coroner,  in  regard  to  holding  inquests. 


FORMS. 


No.    1. 


ASSIGNMENTS    OF    DISTRICTS    TO    THE    SEVERAL    CORONERS    m    NEW   YORK    CIT1. 

City  of  N&w  York,  ss.  I,  F.  W.,  Mayor  of  the  city  of  New  York,  in  accord- 
ance with  the  statute  in  snch  case  made  relative  to  the  assignment  of  the 
districts  in  which  the  several  coi  oners  of  the  said  city  shall  exercise  the  duties 
of  their  office,  do  hereby  assign  and  appoint  the  several  Senate  districts  of 
the  said  city  to  the  following  persons,  elected  such  coroners  at  the  last  general 
election,  viz. :  the  fourth  Senate  district  to  A.  B.,  the  fifth  Senate  district  to  C. 
D.,  the  sixth  Senate  district  to  E.  F.,  and  the  seventh  Senate  district  to  G.  F. 

Dated  December  10,  1859. 

F.  TV".,  Mayor  of  New   Yorlc. 


JSTo.    3. 


SUBPOENA    FOR   WITNESS. 

The  People  of  the  State  of  New  York  to  A.  B.  : 

We  command  you  and  each  of  you,  that  all  business  and  excuses  being  laid 
aside  you  be  and  appear  before  the  subscriber,  one  of  the  coroners  of  the 
county  of  Albany,  at  the  house  of  C.  D.,  in  the  town  of  Knox,  at  10  o'clock 
in  the  forenoon  of  the  29th  December,  1859,  (or  forthwith)  to  testify  and  give 
evidence  upon  an  inquest  then  and  there  to  be  had  upon  the  body  of  Gr.  H., 
deceased  (or  a  person  whose  name  is  unknown),  {or  upon  the  examination  of 
J.  K,  charged  upon  inquest  with  the  murder  of  L.  M.),  and  hereof  fail  not  at 
your  peril 

Witness  the  hand  of  the  said  coroner  this  28th  day  of  December,  1859. 

G.  C,   Coroner 


No-    3. 

ATTACHMENT  AGAINST  A  WITNESS  FOR  NOT  APPEARING. 

The  People  of  the  State  of  New  York  to  the  Sheriff  or  to  any  Constable  oi 
the  county  of  Albany : 

We  command  you  that  you  attach  A.  B.,  and  forthwith  bring  him  before 
the  subscriber,  one  of  the  coroners  of  said  county,  at  the  house  of  C.  D.,  iu 
the  town  of  Knox  in  said  county,  to  testify  and  give  evidence  upon  a  certain 
inquest  (set  forth  as  in  the  above  subpoena),  and  also  to  answer  all  such  nrjat- 
ters  as  shall  be  inquired  of  him,  for  that  he  having  been  duly  subpenaed  to 
attend  upon  such  inquest,  has  refused  and  neglected  to  attend  in  conformity 
to  such  subpoena,  and  have  you  then  there  this  writ. 

Witness  the  hand  of  the  said  coroner  this  29th  day  of  Decembo!^,  1859. 

Gr,  C,   Coroner. 


CORONERS.  169 

No.  4. 

RETURN  TO  ATTACHMENT  INDORSED  THEREON. 

I  have  arrested  the  within  named  A.  B.,  and  have  him  novsr  here  in  my  cus- 
tody, as  I  am  within  commanded. 
December  29,  1859.  R.  P.,  Sheriff. 


No.    5. 

OATH   TO   THE   FOREMAN   OF   A   CORONER's    JTJRT 

You  do  swear  that  as  foreman  of  this  jury,  you  will  well  and  truly  inquire 
how  and  in  what  manner,  and  when  and  where,  the  person  lying  here  {or 
whose  body  you  now  see  or  have  just  seen)  came  to  his  death  {or  was  wound- 
ed), and  who  such  person  was,  and  into  all  the  circumstances  attending  his 
death  [or  wounding)  and  by  whom  the  same  was  produced ;  and  that  you 
will  make  a  true  inquisition  thereof  according  to  the  evidence  offered  you,  or 
arising  from  the  inspection  of  the  body.     So  help  you  God. 


N"o.  6. 

OATH  OF  THE  OTHER  JURORS. 


The  same  oath  which  C.  D.,  the  foreman  of  this  inquest  hath  taken,  you 
and  each  of  you,  do  now  take,  and  shall  well  and  truly  observe  and  keep  on 
your  parts  respectively.     So  help  you  God. 


No.  7. 
OATH   OF   A   WITNESS   ON   A   CORONEr's  INQUEST. 

The  evidence  you  shall  give  to  this  inquest,  touching  the  death  of  L.  M.  {or 
the  person  who'se  body  has  been  viewed),  shall  be  the  truth,  the  whole  truth, 
and  nothing  but  the  truth.     So  help  you  God. 


No.  8. 

INQUISITION    OF    MURDER. 

State  of  New  YorJc,  Dutchess  County,  ss.     An  inquisition  taken  for  the  Peo- 
ple of  the  State  of  New  York,  at in  the  county  of aforesaid, 

the  30th  day  of  December,  in  the  year  1859,  before  me,  A.  S.,  one  of  the  Coro- 
ners of  the  said  State  for  the  county  aforesaid,  upon  the  view  of  the  body  of 
F.  D.,  then  and  there  lying  dead,  upon  the  oaths  of  A.  B.,  C.  D.,  good  and 
lawful  men  of  the  said  county,  who  being  sworn  and  charged  to  inquire  on 
the  part  of  the  People  of  the  said  State,  when,  where,  how,  and  after  what 
manner  the  said  F.  D.,  came  to  his  death,  do  say  *  upon  their  oath  aforesaid, 

that  one  G.  H.,  late  of,  &c.,  on  the day  of in  tlje  year,  &c.,  at 

the  first  hour  in  the  night  of  the  same  day,  with  force  and  arms,  at 

in  the  county  aforesaid,  in  and  upon  the  body  of  the  aforesaid  F.  D.,  then  and 
there  being,  in  the  peace  of  God  and  the  said  people,  feloniously,  violently, 
and  of  his  malice  aforethought,  made  an  assault ;  and  that  the  aforesaid  G.  H. 
then  and  there  with  a  certain  sword  made  of  iron  and  steel,  which  he,  the 
said  G.  H.,  then  and  there  held  in  his  right  hand,  the  aforesivid  F.  D.,  in  and 
22 


[70  THE  CLERK'S  ASSISTANT.  . 

upon  the  Icfl  part  of  the  belly  of  the  said  F.  D.,  a  little  above  the  navel  of  the 
said  F.  D.,  then  and  there  violently,  feloniously,  and  of  liis  malice  aforethought 
struck  and  pierced,  and  gave  to  the  said  F.  D.,  tlien  and  there  with  the  sword 
aforesaid,  in  and  upon  the  aforesaid  left  part  of  the  belly  of  the  said  F.  D.,  a 
httle  above  the  navel  of  the  said  F.  D.,  one  mortal  wound,  of  the  breadth  of 
half  an  inch,  and  of  the  depth  of  three  inches,  of  which  said  mortal  wound 
the  said  F.  D.  then  and  there  instantly  died;  and  so  the  said  G.  H.,  then  and 
there  feloniously  killed  and  murdered  the  said  F.  D.,  against  the  peace  of  the 
People  of  this  State,  and  their  dignity. 

And  the  said  jurors  further  say,  upon  their  oath  aforesaid,  that  0.  0.,  of,  See, 
yeoman,  and  P.  P.,  of,  &c.,  yeoman,  were  feloniously  present  with  loaded  pistols 
at  the  time  of  the  felony  and  murder  aforesaid,  in  form  aforesaid  committed, 

that  is  to  say,  on  the  said day  of in  the  year  aforesaid,  at 

aforesaid,  in  the  county  aforesaid,  at  the  first  hour  in  the  night  of  the  said  day 
then  and  there  comforting,  abetting,  and  aiding  the  said  G.  H.,  to  do  and  com- 
mit the  felony  and  murder  aforesaid,  in  manner  aforesaid,  against  the  peace 
of  the  People  of  the  State  and  their  dignity. 

And  moreover,  the  jurors  aforesaid,  upon  their  oath  aforesaid,  do  say,  that 
the  said  G.  H.,  0.  0.  and  P.  P.,  had  not,  nor  had  any  of  them,  nor  as  yet 
have  or  hath,  any  goods  or  chattels,  lands  or  tenements,  within  the  county 
afoiesaid,  or  elsewhere,  to  the  Icnowledge  of  the  said  jurors  (or,  "  that  the 
said  G.  H.,  &c.,  at  the  time  of  doing  and  committing  the  felony  and_ murder 
aforesaid,  had  goods  and  chattels,  as  contained  in  the  inventory  to  this  inqui- 
sition annexed,  which  remain  in  the  custody  of  E.  R."; 

In  witness  whereof,  as  well  the  said  corner,  as  the  jurors  aforesaid,  have  to 
this  inquisition  set  their  seals  on  the  day  and  year  aforesaid,  at  the  place  afore- 
said. 

A.  B., 

C.  D.,  &c., 

A.  S.,  Coroner.  Jurors. 

No.  9. 

INQUISITION,     MURDERER   UNKNOWN. 

{As  in  the  last  form  to  the  *  and  then  as  follows:) 
That  the  body  of  the  said  F.  D.  was  found  lying  dead  in  the  public  street, 
known  as  High  street,  in  the  city  of  Poughkeepsie  [or  as  the  case  may  be),  and 
that  said  body  when  so  found  as  aforesaid  appeared  to  have  been  stabbed  with 
a  knife,  or  sword,  or  some  sharp  pointed  instrument  to  the  jurors  unknown,  in 
or  near  the  right  breast  thereof  (^or  pierced  with  a  bullet  fired  from  a  gun  or 
pistol,  or  to  have  been  beaten  and  bruised  with  club,  stick  or  other  weapon  or 
the  fist  of  some  person  or  persons  to  the  said  jurors  unknown),  and  the  said 
jurors,  upon  their  oaths  aforesaid,  do  say  that  the  said  F.  D.  came  to  his 
death  by  the  said  wounds  appearing  upon  his  body  as  aforesaid,  and  not  other- 
wise, but  who  inflicted  said  wounds  is  to  the  jury  unknown. 
In  witness,  &c. 

N"o.  lO. 

AN   INQUISITION    WHERE   ONE    HANGS    HIMSELF. 

{As  in  No.  8  to  the  *  and  then  as  follows:) 

upon  their  oaths  that  the  said  F.  D.,  not  having  the  fear  of  God  before,  his 

eyes,  but  being  moved  and  seduced  by  the  instigation  of  the  devil,  at 

aforesaid,  in  a  certain  barn,  then  and  there  standing  and  bemg,  the  said  F.  D., 
being  then  and  there  alone,  with  a  certain  silk  handkerchief,  of  the  vabie  of,  &c., 


CORONERS.  ■    .  171 

which  ho  then  and  there  had,  and  held  in  his  hands,  and  one  end  thereof  then 
and  there  put  about  his  neck,  and  the  other  end  thereof  tied  about,  &c.,  himself 
then  and  there,  with  the  cord  aforesaid,  voluntarily  and  feloniously,  and  of  his 
malice  aforethought,  hanged  and  suffocated;  and  so  the  jurors  aforesaid,  upou 
their  oath  aforesaid,  say,  that  the  said  F.  D.,  then  and  there  in  manner  aforesaid, 
as  a  felon  of  himself,  feloniously,  voluntarily,  and  of  his  malice  aforethought, 
himself  killed,  strangled,  and  murdered  against  the  peace  of  the  People  of  this 
Slate. 

la  witness,  &c. 


No.   11. 

AN    INyaiSITION    AVnERE    ONE    HAS    BEEN    POISONED    WILLFmiLT. 

(As  in  No.  8  to  the  *  and  then  as  follows :) 

That  one  A.  B.  did  mix  and  mingle  a  certain  quantity  of  white  arsenic,  the 
said  A.  B.  then  knowing  the  said  arsenic  to  be  a  deadly  poison,  in  a  certain 
quantity  of  beer ;  and  the  said  A.  B.,  then  and  there  intending  and  contriving  the 
said  F.  D.  with  poison  feloniously  to  kill  and  murder,  did  willfully,  feloniously, 
and  with  malice  aforethought,  give  the  poison  so  mingled  and  mixed  as  afore- 
said to  the  said  F.  D.,  to  take,  drink  and  swallow;  and  the  said  F.  D.,  not  know- 
ing that  the  same  was  poison,  by  the  procurement  of  the  said  A.  B.,  did  take, 
drink  and  swallow  the  said  poison,  so  as  aforesaid  mixed,  whereof  the  said  F.  D 
became  sick  and  distressed  in  body,  and  afterwards,  on  the  day  aforesaid  did  die 
of  the  poison  aforesaid;  and  so  the  jurors  aforesaid  say  that  the  said  A.  B 
did  then  and  there  feloniously  kill  and  murder  the  said  F.  D.,  in  manner  and 
form  aforesaid,  against  the  peace  of  the  People  of  the  State  of  New  York  and 
their  dignity. 

In  witness,  &c. 


No.  12. 

INQUISITION   WHERE   ONE   DIES   A   NATURAL   DEATH. 

{As  in  No.  8  to  the  *  and  then  as  follows:) 

That  the  said  F.  D.  on  the  31st  day  of  December,  at  Storm ville  in  said 
county,  in  a  certain  field  belonging  to  Clark  Giles,  was  found  dead,  that  he  had 
no  marks  of  violence  appearing  on  his  body,  and  died  by  the  visitation  of  God 
in  a  natural  way,  and  not  otherwise. 

In  witness,  &c. 


ISTo    13. 

INQUISITION    WHERE    ONE    IS    DROWNED    BY    ACCIDENT. 

{As  in  No.  8  to  the  *  and  then  as  follows :) 

That  the  said  F.  D.  on  the  30th  day  of  September,  1859,  at  Poughkeepsie 
in  said  county,  on  going  into  the  Hudson  river  to  bathe  himself,  it  happened 
that  accidentally,  casually,  and  by  misfortune,  he,  the  said  F.  D.,  was  in  the 
water  of  the  said  river,  and  then  and  there  suffocated  and  drowned,  of  which 
said  suffocation  and  drowning,  he,  the  said  F.  D.,  then  and  there  instantly 
died;  and  so  the  jurors  aforesaid  do  say,  that  the  said  F.  D.  in  manner  and  by 
the  means  aforesaid,  accidentally,  casually,  and  by  misfortune,  came  to  his 
death  and  not  otherwise. 

In  witness,  &c. 


172 


THE  CLERK'S  ASSISTANT. 

No.  14. 
INQUISITION   WHERE    ONE   DROWNS   HIMSELT. 


(As  in  No.  8  to  the  *  and  then  asfoTU/ws:) 

That  the  said  F.  D.,  at...  aforesaid,  in  the  county  aforesaid,  then  and 
there  being  alone,  in  a  common  river  there,  called . . . . ,  himself  voluntarily  and 
feloniously  drowned ;  and  so  the  jurors  aforesaid,  upon  their  oath  aforesaid, 
say  that  the  aforesaid  A.  D.,  in  manner  and  form  aforesaid,  then  and  there 
himself  voluntarily  and  feloniously  as  a  felon  of  himself,  killed  and  murdered, 
against  the  peace  of  the  People  of  the  State  of  New  York  and  their  dignity. 

In  witness,  &c. 


-No.  15. 


INQUISITION    ON   ONE    FOR  CUTTING   HIS  THROAT. 

{As  in  Ko.  8  to  the  *  and  then  as  follows:) 

That  the  said  F.  D.  by  the  instigation  of  the  devil,  at ... .  aforesaid,  in 
the  county  aforesaid,  in  and  upon  himself,  then  and  there  being,  in  the  peace 
of  God,  and  of  the  People  of  this  State,  feloniously,  voluntarily,  and  of  his 
malice  aforethought,  made  an  assault ;  and  that  the  aforesaid  F.  D.  then  and 
there,  with  a  certain  knife  which  he  the  said  F.  D.  then  and  there  held  in  his 
right  hand,  himself,  upon  his  throat  then  and  there  feloniously,  voluntarily,  and 
of  his  malice  aforethought,  did  strike  and  give  to  himself  then  and  there  with 
the  knife  aforesaid,  upon  his  throat  aforesaid,  one  mortal  wound  of  the  breadth 
of  four  inches  and  the  depth  of  one  inch,  of  which  said  mortal  wound,  the 
said  F.  D.,  at. .  .  .aforesaid,  in  the  county  aforesaid,  languished,  and  languish- 
ing lived,  fiom  the  said .  .  . day  of.  . . in  the  year  aforesaid,  to  the . . . day  of . .  . 

and  that  the  said  F.  D.,  on  the  day  of aforesaid,  in  the  year  aforesaid,  at 

....  aforesaid,  in  the  county  aforesaid,  of  that  mortal  wound  died.      And  so 
the  jurors  aforesaid  (as  in  the  last  form  to  the  end). 


No.  16. 

IKQUISITION   WHERE   ONE   HAS   BEEN   KILLED    WHILE    RESISTING   AN  OFFICER. 

(As  in  No.  8  to  the  *  and  then  as  follows:) 

That  one  R.  R.,  a  Sheriff  (or  a  Constable  or  Police  Officer)  of  the  said 
county  and  having  lawful  process  for  the  arrest  of  the  said  F.  D.  upon  a  charge 
of  felony  (or  on  a  warrant  of  execution  against  the  body),  did  then  and  there 
attempt  to  arrest  the  said  F.  D.  upon  such  warrant,  but  the  said  F.  D.  and  F. 
E.  and  G.  H.,  the  sons  of  the  said  F.  D.  did  violently  resist  and  oppose  the 
execution  of  the  warrant  of  the  said  R.  R. ;  and  after  the  said  R.  R.  had  seis- 
ed and  arrested  the  said  F.  D.,  the  said  F.  D.  did  violently  break  away  from 
such  arrest',  and  the  said  F.  D.  thereupon  fired  a  pistol,  which  he  held  at  the 
said  R.  R.  to  wound  or  injure  him  so  that  he  might  not  escape ;  and  the  said 
R.  R.  in  order  to  protect  himself  from  the  charge  of  the  said  pistol  struck  the 
arm  of  the  said  F.  D.  with  a  stick  or  cane  which  he  held  in  liis  hand,  and  the 
said  stick  glanced  from  the  arm  of  the  said  F.  D.  and  hit  the  said  F.  D.  on  the 
liead,  thereby  inflicting  a  mortal  wound,  of  which  the  said  F.  D.  died,  and  so 
the  iurors  aforesaid,  &;c.     (As  in  No.  14  to  the  end.) 


CORONERS.  173 

No.  17. 

INQUISITION    ON    THE    BODY    OF    AN    INFANT    FOUND    DEAD. 

State  of  New  York,  County  of  Rensselaer,  ss.  Inquisition  taken  at  the  towr 
of  Sandlake,  in  said  county,  on  the  3d  day  of  January,  1860,  before  E.  S., 
one  of  the  Coroners  of  said  county,  upon  view  of  the  body  of  a  male  {or 
female)  child  then  and  there  lying  dead,  upon  the  oath  of  A.  B.,  C.  D.,  E.  F., 
good  and  lawful  men  of  the  said  county,  who  being  duly  summoned  and 
sworn,  to  inquire  into  all  the  circumstances  attending  the  death  of  the  said 
inf;int  child,  and  by  whom  the  same  was  produced,  and  in  what  manner,  and 
when  and  where  the  said  child  came  to  his  {or  her)  death,  do  say  upon  their 
oaths  aforesaid,  that  the  said  male  {or  female)  infant  was  on  the  2d  day  of 
Januai'v,  18G0,  at  Sandlake  found  entirely  naked  and  dead,  in  a  certain  shed 
or  outhouse  of  one  B.  B.,  in  said  town,  that  said  infant  when  so  found  as  afore- 
said appeared  to  have  a  bruise  upon  the  head,  by  which  the  skull  was  broken, 
and  that  the  said  infant  was  at  the  time  of  its  death  about  three  days  old,  and 
that  the  parent  or  parents  of  the  said  child  are  to  the  jurors  unknown ;  and 
so  the  jurors  aforesaid,  upon  their  oaths  aforesaid,  do  say,  that  the  said  male 
or  female  infant  came  to  his  or  her  death  as  aforesaid,  by  the  said  bruise  or 
blow  upon  the  head,  but  who  inflicted  the  said  blow  or  wound  is  to  the  jury 
unknown. 

In  witness,  &c. 


No.  18. 


WARRANT    OF  CORONER    FOR    ARREST    OF  PARTY  CHARGED    BY  THE  INQUISITION  WITH 

THE    CRIME. 

The  People  of  the  State  of  New  York,  to  the  Sheriff  (or  any  Constable), 
of  Dutchess  County,  Greeting : 

Whereas,  by  the  inquisition  of  A.  B.,  C.  D.,  &c.,  good  and  lawful  men  of 
said  county,  taken  upon  their  several  oaths  before  me,  one  of  the  Coroners  in 
and  for  said  county,  at  the  store  of  L.  L.,  at  Stormville,  in  said  county,  M. 
W.,  is  charged  with  having  feloniously  murdered  and  killed  F.  D.,  on  the  1st 
day  of  January,  1860,  at  Stormville  aforesaid :  you  are  therefore  hereby  com- 
manded, in  the  name  of  the  People  of  the  State  of  New  York,  forthwith  to 
arrest  the  said  M.  W.,  and  bring  him  before  me  forthwith  at  said  store,  to  be 
dealt  with  according  to  law. 

Given  under  my  hand  this  3d  day  of  January,  1860. 

M.  C,   Coroner, 


No.  19. 

OATH   TO   WITNESSES   ON   EXAMINATION. 


You  do  swear,  that  you  will  true  answers  make  to  such  questions  as  shall 
be  put  you,  touching  the  complaint  for  murder  against  R.  B. :  So  help  you 
God. 


No.  SO. 

OATH    TO    INTERPRETER. 


You  do  swear  that  you  will  truly  interpret  to  the  witness,  the  oath  that 
shall  be  administered  to  him  upon  this  examination  ;  and  will  also  truly  inter- 
pret between  the  Coroner,  the  jury,  the  counsel,  and  the  witness  •  So  help 
you  God. 


174  THE  CLERK'S  ASSISTANT. 

IsTo.   21. 

TESTIMONY    TAKEN    ON    EXAMINATION. 

County  of  Cohtmhia,  ss.  Minutes  of  the  testimony  of  B.  C,  a  witness  on 
oath  taken  before  me  one  of  the  Coroners  oi  the  said  county  upon  the  exam- 
ination of  B.  B.,  who  is  charged  upon  inquest  before  me  as  such  Coroner,  with 
having  feloniously  on  the  1st  day  of  January,  18G0,  Killed  and  murdered  one 
R.  L.,  the  said  B.  B.,  having  been  arrested  and  brought  before  me  to  answer 
the  said  charge,  and  such  examination  being  taken  in  his  presence  and  hear- 
ing. 

B.  C,  being  first  duly  sworn,  testified  and  gives  evidence  as  follows  (insert 
testimony  in  the  language  of  the  witness). 

Signed,  B.  C. 

Subscribed  and  sworn  before  me 
this  January  3,  1860, 

M.  C,    Coroner. 

K  witness  is  cross-examined,  then  add  the  evidence  given  under  such  cross- 
examination,  and  let  it  be  signed  and  sworn  to  in  the  same  manner.  After 
the  testimony  of  all  the  witnesses  add  the  following  certificate : 

I  certify  that  the  foregoing  is  a  correct  statement  and  account  of  the  exam- 
ination of  the  several  witnesses  (and  of  the  prisoner,  B.  B).,  taken  by  and 
before  me  on  the  3d  day  of  January,  1860,  at  Chatham,  and  the  whole  of  the 
testimony  given  by  the  said  several  witnesses  (and  of  the  answers  given  by 
said  prisoner). 

M.  C,   Coroner. 


\ 


ISTo.  33. 

WARRANT    OF    COMMITMENT    OF    PRISONER. 

To  any  Constable  or  to  the  Sherift'  of  the  county  of  Columbia,  and  to  the 
keeper  of  the  jail  in  the  city  of  Hudson. 

Whereas,  B.  B.,  has  been  charged  upon  inquisition  taken  before  me,  one  of 
the  Coroners  of  said  county  of  Columbia,  on  the  3d  day  of  January,  1860.  on 
the  oaths  of  L.  L.,  and  M.  M.,  with  having  on  the  1st  day  of  January,  1860, 
murdered  and  killed  one  R.  L.,  and  the  said  B.  B.  has  been  brought  before  me 
as  such  Coroner,  to  answer  to  the  said  charge;  and  on  the  examination  of  L. 
L.,  and  M.  M.,  on  oath,  in  the  presence  of  the  said  B.  B.,  and  the  examination 
of  the  said  B.  B.,  without  oath,  (he  having  been  previously  informed  by  me 
of  the  charge  made  against  hiin,  and  that  he  was  at  liberty  to  decline  to  answer 
any  question  that  might  be  put  to  him,  and  after  having  been  allowed  a  reason- 
able time  to  send  for  and  advise  with  counsel),  and  upon  the  examination  of 
the  whole  matter,  it  appearing  to  me  that  the  said  crime  has  been  committed, 
and  that  there  is  probable  cause  to  believe  the  said  B.  B.  guilty  thereof 

These  are,  therefore,  in  the  name  of  the  People  of  the  State  of  Xew  York, 
to  command  you,  the  said  Constable  or  Sheritf,  that  you  forthwith  convey 
and  deliver  to  the  said  keeper  of  the  said  jail  the  body  of  the  said  B.  B. ;  and 
you  the  said  keeper  are  hereby  required  to  receive  the  said  B.  B.  into  your 
custody  in  the  said  common  jail,  and  him  there  safely  keep  until  he  shall  be 
discharged  by  due  course  of  law. 

Witness  my  hand  and  seal  this  4th  day  of  January,  1860. 

M.  a,  [L.  s.j 

Coroner. 


CORONERS.  175 

]Sro.  23. 

COMMITMENT   OF   A   WITNESS   TO   GIVE   EVIDENCE. 

To  any  Constable  or  to  the  Sheriff  of  the  county  of  Columbia,  and  to  the 
keeper  of  the  common  jail  of  the  said  county : 

WJiereas,  upon  the  examination  of  B.  B.,  charged  upon  inquest  before  me, 
one  ol'  the  Coroners  of  said  county  of  Columbia,  with  the  killing  and  murder 
of  R.  L.,  on  the  1st  day  of  January,  ISGO,  P.  P.  is  charged  before  me,  on  tha 
testimony  taken  in  said  matter  (as  well  as  on  his  own  confession),  with  being 
an  accomplice  of  the  said  B.  B.  in  committing  the  said  murder ;  and  whereas 
the  said  P.  P.  has  been  by  me  admitted  as  a  witness  against  the  said  B.  B.,  on 
behalf  and  in  favor  of  the  people,  he  being  a  material  witness  against  the  said 
B.  B.,  in  regard  to  the  charge  aforesaid. 

These  are,  therefore,  to  command,  &c.  (as  in  No.  21,  to  the  end.) 


No.  34. 

RECOGNIZANCE   OF   A   WITNESS. 

On  this  4th  day  of  January,  1860,  P.  P.,  of  the  town  of  Chatham,  in  the 
county  of  Columbia,  personally  came  before  me,  one  of  the  Coroners  of  said 
county,  and  acknowledged  himself  to  be  indeljted  to  the  People  of  the  State 
of  New  York  in  the  sum  of  $1,000,  to  be  made  and  levied  of  his  goods  and 
chattels,  lands  and  tenements,  to  the  use  of  the  said  People,  if  default  shall 
be  made  in  the  condition  following: 

The  condition  of  this  recognizance  is  such,  that  if  the  above  bounden  P.  P. 
shall  personally  be  and  appear  at  the  next  Court  of  Oyer  and  Terminer  {or  al 
the  next  Court  of  Sessions),  to  be  held  in  and  for  said  county,  to  give  evi- 
dence on  behalf  of  the  said  People  against  B.  B.,  for  feloniously  murdering 
and  killing  F.  D.,  as  well  to  the  grand  jury  as  the  petit  jury,  and  not  to  depart 
the  said  court  without  leave,  then  this  recognizance  to  be  void  and  of  no  effect, 
otherwise  to  remain  in  full  force  and  virtue. 

P.  P.     [l.  s.] 


TvTo.    S5. 

RECOGNIZANCE    BY    WITNESS,    WITH    SURETIES. 

On  the  4th  day  of  January,  18G0,  before  me,  one  of  the  Coroners  of  the 
county  of  Columbia,  personally  came  P.  P.,  C.  C,  and  E.  F.,  and  severally 
acknowledged  themselves  to  be  indebted  to  the  People  of  the  State  of  New 
York,  to  be  levied  of  their  respective  goods  and  chattels,  lands  and  tenements, 
to  the  use  of  the  said  people,  if  default  shall  be  made  in  the  condition  follow- 

The  condition  of  this  recognizance,  &c.  (as  in  the  last  form,  to  the  end.) 


No.    36. 

WARRANT  TO  COMMIT  A  WITNESS  WHO  REFUSES  TO  ENTER  INTO  A  RECOGNIZANCE. 

To  any  Constable  or  to  the  Sheriff  of  the  county  of  Columbia : 

It  appearing  by  the  examination  of  P.  P.,  this  day  taken  on  oath  before 
me,  one  of  the  Coroners  of  the  county  aforesaid,  as  a  witness  upon  a  charge 
against  L.  L.  of  murder,  that  the  said  P.  P.  is  a  material  witness  against  the 
said  L.  L.  in  regard  to  the  said  charge;  and  whereas,  the  said  P.  P.,  on  being 
required  by  me  to  enter  into  a  recognizance  (with  good  sureties),  in  the  sum 


176 


THE  CLEKK'S  ASSISTANT. 


of  $1,000,  for  his  personal  appearance  at  the  next  Court  of  Oyer  and  Termi 
ner  {or  at  the  next  term  of  the  Court  of  Sessions),  to  be  held  in  and  for  the 
county  of  Columbia,  to  give  evidence  on  behalf  of  the  people  against  the  said 
L.  L.  for  the  offense  aforesaid,  did  neglect  and  refuse,  and  still  neglects  and 
refuses  to  enter  into  or  furnish  such  recognizance. 

These  are  therefore  to  command  you  forthwith  to  convey  and  deliver  into 
the  custody  of  the  keeper  of  the  common  jail  of  the  county,  the  body  of  the 
said  P.  P. ;  and  you,  the  keeper  of  the  said  jail,  are  hereby  required  to  receive 
the  said  P.  P.  into  your  custody  in  the  said  jail,  and  him  there  safely  keep 
until  he  shall  enter  into  such  recognizance  as  aforesaid,  or  be  otherwise  dis- 
charged according  to  law. 

Witness  my  hand  and  seal  this  5th  day  of  January,  1860. 

M.  C,         [l.  s.] 
Coroner. 


liTo     27. 

STATEMENT   OF   CORONER   TO   BOARD   OF   SUPERVISORS. 

To  the  Hon.  the  Board  of  Supervisors  of  the  County  of  Columbia: 

A  statement  of  all  moneys  and  other  valuable  things  found  with  or  upon  all 
persons  on  whom  inquests  have  been  held  by  and  before  the  undersigned,  one 
of  the  Coroners  of  the  county  of  Columbia,  for  and  during  the  year  1859 : 


UPON  WHOM  FOUND. 

ARTICLES  FOUND. 

DISPOSITION  THEREOF. 

J.c, 

B.  D., 

One  Silver  Watch  and 
Key,  two  Finger  RingS, 
and  $1  in  silver. 
One  Porte  Monnaie  and 
$5   in    bills,    one   Grold 
Watch. 

Delivered  to  his  wife,  she 

being  administratrix. 

• 

Deposited  with  the  Trea- 
surer of  Columbia  coun- 

ty. 

C.  M.,   Coroner. 


County  of  Columbia,  ss.  C.  M.,  one  of  the  Coroners  of  the  said  county, 
being  duly  sworn,  says,  that  the  foregoing  statement  in  regard  to  the  money 
and  other  valuable  things  found  upon  or  with  all  persons  on  whom  inquests 
have  been  held,  by  and  before  him,  within  the  time  specified  therein,  and  of 
the  disposition  thereof,  is  in  all  respects  just  and  true  to  the  best  of  his  know- 
ledge and  belief,  and  that  the  moneys  and  otlier  articles  mentioned  in  such 
statement  and  inventory,  have  been  delivered  to  the  treasurer  of  the  county 
of  Columbia  or  to  the  legal  representatives  of  the  several  persons  within 
mentioned. 

Sworn,  &c.  CM. 


CHAPTER  XIV. 

COVENANTS. 

A  covenant,  in  its  more  general  signification,  means  any  kind 
of  promise  or  contract,  whetlier  it  be  made  in  writing  or  by 
parol:  in  a  more  technical  sense,  a  covenant  is  an  agreement 
between  two  or  more  persons,  entered  into  in  writing  and  under 
seal,  whereby  either  party  stipulates  for  the  truth  of  certain  facts, 
or  promises  to  perform  or  give  something  to  the  other,  or  to 
abstain  from  the  performance  of  certain  things. 

No  particular  form  of  words  is  necessary  to  create  a  covenant, 
and  it  must  be  construed  by  itself,  and  not  controlled  by  a  verbal 
agreement. 

Covenants  are  express  or  implied.  An  express  covenant  is 
one  expressly  agreed  upon  between  the  parties,  and  inserted  in  the 
contract  or  deed.  An  implied  covenant  is  one  which  the  law 
implies  and  intends,  though  it  be  not  expressed  in  so  many 
words,  as  if  a  landlord  lease  a  house  or  lands  for  a  terra  of  years, 
the  law  will  imply  a  covenant  on  the  lessor's  part  that  the  lessee 
shall  enjoy  the  same  quietly  against  all  incumbrances  during  the 
term.  But  no  covenant  can  be  implied  in  any  conveyance 
under  the  Eevised  Statutes  of  New  York,  whether  it  contain 
special  covenants  or  not. 

A  personal  covenant  relates  only  to  matters  personal,  and  is 
binding  on  the  covenantor  during  his  life,  and  on  his  personal 
representatives  after  his  decease,  so  far  as  they  have  received 
assets  of  the  covenantor. 

Real  covenants,  are  in  deeds  and  mortgages,  and  are  connected 
with  lands,  or  other  real  property.  They  run  with  the  land, 
they  descend  to  the  heir  and  are  transferred  to  a  purchaser. 

A  covenant  that  the  grantor  is  well  seised,  that  he  has  a  good 
right  to  convey,  and  that  the  premises  are  unincumbered,  is  a 
personal  covenant  and  can  be  enforced  only  by  the  grantee 
U3 


178 


THE  CLERK'S  ASSIST^^T. 


against  the  grantor :  while  a  covenant  for  warranty,  for  quiet 
enjoyment  and  future  assurance,  that  neither  the  grantor  nor  his 
heirs  shall  make  any  claim  to  the  land  conveyed,  by  a  tenant  to 
repair,  to  pay  rent,  or  that  no  building  shall  be  erected  upon 
land  of  the  grantor  beside  the  premises  conveyed,  are  all  cove- 
nants running  with  the  land  and  may  be  enforced  by  subsequent 
grantees  of  the  land. 

If  the  grantor  has  no  title,  his  covenant  of  seizin,  and  of  full 
right  to  convey  is  broken  immediately  on^the  execution  of  his 
deed:  but  covenants  of  warranty  and  quiet  enjoyment  are  not 
broken  until  the  grantee  has  been  evicted. 

A  dependent  covenant  is  one  in  which  the  performance  there- 
of depends  on  the  performance  of  another,  or  a  prior  condition, 
and  until  the  prior  condition  is  performed,  the  other  party  is  not 
liable  to  an  action  on  his  covenant. 

Covenants  are  independent  when  either  party  may  recover 
damages  from  the  other  for  the  injury  he  may  have  received  by 
a  breach  of  the  covenants  in  his  fkvor,  and  when  it  is  no  excuse 
for  the  defendant  to  allege  a  breach  of  the  covenant  on  the  part 
of  the  plaintiffs. 

There  is  also  a  kind  of  covenant  which  contains  mutual  con- 
ditions to  be  performed  at  the  same  time;  and,  in  these,  if  one 
party  was  ready  and  offered  to  perform  his  part,  and  the  other 
neglected  or  has  refused  to  perform  his,  he  who  was  ready  and 
offered,  has  fulfilled  his  engagement,  and  may  maintain  an  action 
for  the  default  of  the  other,  though  it  is  not  certain  that  either 
is  obliged  to  perform  the  first  act. 


FORMS 


ITo.  1. 

GENERAL  FORM  OF  A  COVENANT  BY  ONE. 

And  1,  the  said  A.  B.,  for  myself  and  my  heirs,  executors,  and  administra- 
tors, do  hereby  covenant  to  and  with  the  said  C.  D.,  his  heirs  and  assigns,  that 
I  will,  &c. 


3Vo.    ». 

GENERAL  FORM  OF  A  JOINT  AND  SEVERAL  COVENANT, 

And  we,  the  said  B.  B.  and  D.  D.,  for  ourselves  and  our  heirs,  executors 
and  administrators,  do  hereby  jointly  and  severally  covenant  to  and  with  the 
said  P.  P.,  his  heirs  and  assigns,  that,  &c. 


JSo.    3. 

HUSBAND    COVENANTS    FOR    HIMSELF   AND    HIS   WIFE. 

And  the  said  B.  B.  for  himself,  his  heirs,  executors  and  administrators,  and 
for  and  on  behalf  of  the  said  C.  B.,  wife  of  the  said  B.  B.  and  her  executors, 
administrators  and  assigns,  does  covenant  with  the  said  D.  D.,  &c. 


No.    4=. 

SEVERAL    COVENANT. 


And  we,  the  said  B.  B.,  C.  C,  and  D.  D.,  do  hereby  severally  and  not  joint- 
ly, but  each  for  liimself  and  his  heirs,  executors  and  administrators,  covenant 
to  and  with  the  said  E.  E.,  &c. 


ISO.  a. 

A  COVENANT  AGAINST  ENCUMBRANCE. 


And  the  said  A.  B.  and  C.  D.,  for  themselves,  their  heirs,  executors,  and 
administrators,  do  severally,  and  not  jointly,  nor  the  one  for  the  other,  or  for 
the  act  or  deed  of  the  other,  but  each  for  his  own  acts  only,  covenant,  promise, 
grant,  and  agree,  to  and  with  the  said  E.  F.,  his  heirs  and  assigns,  by  these 
f.resents  that  they,  the  said  A.  B.  and  C.  D.,  have  not  heretofore  done,  com- 


180 


THE  CLERK'S  ASSISTANT. 


mitted,  or  wittingly  or  willingly  suffered  to  be  done  or  committed,  any  act, 
matter,  or  thing  whatever,  whereby  the  premises  hereby  granted,  or  any  part 
thereof,  are  or  shall  be  charged  or  encumbered  in  title,  estate,  or  otherwise. 


is^o.  e. 

COVENANT  OF  SEIZIN  FREE  FROM  INCUMBRANCE,  AND  THAT  GRANTOR  HAS  GOOD 
RIGHT  TO  CONVEY. 

And  I,  the  said  A.  B.,  for  myself  and  my  heirs,  executors,  and  administra- 
tors, do  covenant  with  the  said  C.  D.,  his  heirs  and  assigns,  that  I  am  lawfully 
seised  in  fee  simple  of  the  aforegranted  premises ;  that  they  are  free  from  all 
encumbrances  ;  that  I  have  good  right  to  sell  and  convey  the  same  to  the  said 
C.  D.,  his  heirs  and  assigns  forever,  as  aforesaid ;  and  that  I  will,  and  my  heirs, 
executors,  and  administrators  shall,  warrant  and  defend  the  same  to  the  said 
C.  D.,  his  heirs  and  assigns  forever,  against  the  lawful  claims  and  demands  of 
all  persons. 


3Vo.    'V. 

USUAL   COVENANT   OF   WARRANTY. 

And  tne  said  A.  B.  and  his  heirs,  all  and  singular  the  aforesaid  messuage, 
lot  of  ground,  and  premises,  with  their  and  every  of  their  rights,  members, 
and  appurtenances  hereby  granted  and  released,  and  every  part  and  parcel 
thereof,  unto  the  said  party  of  the  second  part,  his  heirs,  and  assigns,  and 
against  him,  the  said  A.  B.,  his  heirs  and  assigns,  and  against  all  and  every 
other  person  or  persons  whomsoever,  shall  and  will  warrant,  and  forever  de- 
fend by  these  presents. 


Ifo.    8. 


COVENANT    FOR    FURTHER   ASSURANCE. 


And  moreover,  that  he,  the  said  A.  B.,  and  his  heirs,  and  all  and  every  other 
person,  or  persons,  having,  or  lawfully  claiming,  any  estate,  right,  title  or  in- 
terest, of,  in,  or  to  the  said  messuage,  lot  of  ground,  and  premises,  or  any  part 
or  parcel  thereof,  by,  from,  or  under  him,  shall,  and  will  from  time  to  time, 
and  at  all  times  hereafter,  upon  the  reasonable  request,  and  at  the  proper  costs 
and  charges  of  the  said  party  of  the  second  part,  his  heirs  or  assigns,  make, 
do,  acknowledge,  levy,  suffer,  and  execute,  or  cause  and  procure  to  be  made, 
done,  acknowledged,  levied,  suffered,  and  executed,  all,  and  every  such  further 
and  other  act  and  acts,  thing  and  things,  device  and  devices,  conveyances  and 
assurances  in  the  law,  whatsoever,  for  the  further,  better,  and  more  effectual 
conveying,  settling,  and  assuring,  of  all  and  singular  the  premises  herein  be- 
fore mentioned,  or  intended  to  be  herein  conveyed,  with  their,  and  every  of 
their  rights,  members,  and  appurtenances,  to  the  only  proper  use  and  behoof 
of  the  said  party  of  the  second  part,  his  heirs  and  assigns,  forever,  as  by  the 
said  party  of  the  second  part,  his  heirs  or  assigns,  or  his  or  their  counsel,  learn- 
ed in  the  law,  shall  be  reasonably  devised,  advised,  or  required. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  interchange- 
aoly  set  their  hands  and  seals  the  day  and  year  first  above  written. 


COVENANTS.  181 

No  .    O. 

COVENANT    FOR    QUIET    ENJOYMENT. 

And  also,  that  he  the  said  party  of  the  second  part,  his  heirs,  and  assigns, 
and  every  of  them,  shall,  and  may  from  time  to  lime,  and  at  all  times  forever 
hereafter,  peaceably  and  quietly,  have,  hold,  use,  occupy,  possess,  and  enjoy, 
all  and  singular,  the  premises  herein  before  mentioned,  or  intended  to  be 
hereby  conveyed,  and  every  part  and  parcel  thereof,  with  their,  and  every  of 
their  appurtenances,  without  any  let,  suit,  trouble,  denial,  eviction,  ejection,  or 
interruption  whatsoever,  of  or  by  him  the  said  A.  B.,  his  heirs,  or  assigns,  or 
at,  or  by  any  other  person  or  persons  whatsoever,  having,  or  lawfully  claiming 
any  estate,  right,  title,  or  interest  of,  in,  or  to  the  same,  or  any  part  thereof, 
and  that  free  and  clear,  and  freely  and  clearly  acquitted,  exonerated,  and  dis- 
charged of  and  from  all,  and  all  manner  of  former  and  other  bargains,  sales, 
gifts,  grants,  feofiraents,  devices,  dowers,  rights,  and  titles  of  dower,  uses, 
issues,  fines,  annuities,  debts,  duties,  judgments,  executions,  recognizances,  and 
all  other  estates,  rights,  titles,  troubles,  charges,  and  encumbrances  Avhatsoever, 
had,  made,  committed,  done,  or  suffered,  or  to  be  had,  made,  committed,  done, 
or  suffered,  in  any  wise  Avhatsoever,  by  him  the  said  A.  B.,  or  by  any  other 
person  or  persons  whatsoever,  having,  or  lawfully  claiming  any  estate,  right, 
title,  or  interest,  of,  in,  or  to  the  same,  or  any  part  or  parcel  thereof. 


IVo.    lO. 

COVENANT    BY   SPECIAL    GUARDIAN. 

And  I,  the  said  D.  P.,  for  myself,  my  executors  and  administrators,  do  cove- 
nant with  the  said  T.  B.  T.,  his  heirs  and  assigns,  that,  in  making  the  said  sale, 
I  have  in  all  things  observed  the  rules  and  directions  of  the  law ;  and  that  I 
will,  and  my  heirs  shall,  warrant  and  defend  the  granted  premises  to  the  said 
T.  B.  T.,  against  the  lawful  claims  and  demands  of  thv.  said  minors  and  their 
heirs,  and  all  persons  claiming  the  same  by,  through  or  under  them  or  either 
of  them. 


No.    XI. 

COVENANT    BY    TENANT    FOR   LIFE,    AND    TENANT    IN    FEE     OF    THE     REVERSION,    WHO 

JOIN    IN   A    DEED. 

And  we,  the  said  A.  B.  and  A.  B.,  junior,  for  ourselves  respectively,  and  our 
respective  heirs,  do  severally,  and  not  jomtly,  covenant  and  assure  to  the  said 
C.  D.,  his  heirs  and  assigns,  that  we  are  lawfully  seised  in  fee  of  the  afore- 
granted  premises,  in  manner  following,  that  is  to  say  that  the  said  A.  B.  is 
seised  thereof  for  his  life,  as  tenant  by  the  courtesy  ;  and  that  the  said  A.  B., 
junior,  is  seised  in  fee  simple  of  the  reversion  or  remainder  thereof,  expectant 
upon  the  determination  of  the  said  estate  by  the  courtesy,  &c. 


ISO.    13, 

COVENANTS    IN    A    PARTITION    DEED. 


And  the  said  CD.,  for  himself,  his  heirs,  executors,  and  administrators,  does 
covenant,  promise,  and  grant,  to  and  with  the  said  A.  B.,  his  heirs  and  assigns, 
by  these  presents,  that  he  the  said  A.  B.,  his  heirs,  and  assigns,  shall  or 
lawfully  may,  from  time  to  time,  and  at  all  times  hereafter,  forever,  freely, 
peaceably,   and  quietly,    have,    hold,  occupy,    possess,    and  enjoy,  the   said 


182  THE  CLERK'S  ASSISTANT. 

first  described  piece  or  allotment  of  land,  containing,  &c.,  with  the  appurte- 
nances, and  receive  and  take  the  rents,  issues,  and  profits  thereof,  without  any 
mcle^tation,  interruption,  or  denial,  of  him  the  said  C.  D.,  his  heirs  or  assigns, 
or  of  any  other  person  or  persons  whatsoever,  lawfully  claiming,  or  to  claim 
by,  from,  or  under  him  or  them,  or  by  or  with  his  or  their  act,  privity,  or  pro- 
curement. And  the  said  A.  B.,  for  himself,  &c.  (Here  insert  the  same  cove- 
nant from  A.  B.  to  C.  D.) 


No.    13. 

SHORT  AND  COMPREHENSIVE  FORM  WITH  FULL  COVENANTS. 

To  have  and  to  hold  the  same,  with  the  appurtenances,  unto  the  said  John 
Smith,  and  his  heirs,  in  fee  simple,  forever.  And  I,  the  said  John  Doe,  for 
myself  and  my  heirs,  do  hereby  covenant  and  agree  to  and  with  the  said  John 
Smith,  and  his  heirs  and  assigns,  that  I  am  now  the  owner  of  the  said  premi- 
ses, and  am  seised  of  a  good  and  indefeasible  estate  of  inheritance  therein,  and 
that  I  have  full  right  and  power  to  sell  and  convey  the  same  in  fee  simple 
absolute  ;  that  the  said  premises  are  free  and  clear  of  all  incumbrances;  that 
the  said  John  Smith,  his  heirs  and  assigns,  may  forever  hereafter  have,  hold, 
possess,  and  enjoy  the  same,  without  any  suit,  molestation,  or  interruption,  by 
any  person  whatever,  lawfully  claiming  any  right  therein;  and  that  I  the  said 
John  Doe,  and  all  persons  hereafter  claiming  under  me,  will  at  any  time  here- 
after, at  the  request  and  expense  of  the  said  John  Smith,  his  heirs  or  assigns, 
make  all  such  further  assurances  for  the  more  effectual  conveying  of  the  said 
premises,  with  the  appurtenances,  as  may  be  reasonably  required  by  him  or 
them :  And  that  I,  the  said  John  Doe,  and  my  heirs,  will  warrant  and  defend 
the  said  premises,  with  the  appurtenances,  unto  the  said  John  Smith,  and  his 
heirs  and  assigns,  forever. 


IS^o.    14 

MUTUAL   AND    DEPENDENT    COVENANT. 

And  the  said  B.  agrees  with  the  said  A.,  that  he  the  said  B.  shall  and  will  on 

the  said day  of. ;  .  .  next,  and  on   the  execution  of  such  conveyance  pay 

unto  the  said  A.  the  sum  of ,  aforesaid.     And  it  is  further  agreed  between 

the  parties  aforesaid  as  follows :  The  said  A.  shall  have  and  retam  the  posses- 
sion of  the  property  and  receive  and  be  entitled  to  the  rents  and  profits  thereof, 
until  the  said day  of. . .  next,  when  and  upon  the  delivery  and  convey- 
ance the  possession  is  to  be  deUvered  to  the  said  B. 


CHAPTER  XV. 

DEBTOR  AND   CREDITOR. 

Every  insolve::At  debtor  may  be  discharged  from  his  debts  aa 
provided  by  the  statute,  upon  executing  an  assignment  of  ail 
his  estate,  for  the  benefit  of  his  creditors.  The  petition  for  that 
purpose  shall  be  signed  by  the  debtor  and  by  so  many  of  his 
creditors  residing  in  the  United  States,  as  have  debts  owing  to 
them  in  good  faith  owing  to  them  by  such  debtor,  either  due  or  to- 
become  due,  and  amounting  to  at  least  two-thirds  of  all  the  debts 
owing-  by  him  to  creditors  residing  within  the  United  States.. 
Executors  and  administrators  on  an  insolvent  estate  may  alsO' 
apply  for  the  discharge  of  such  estate,  themselves  then  becoming 
liable  only  for  such  portion  as  they  receive.  Trustees,  receivers 
and  assignees  of  the  estate  of  any  creditor  of  an  insolvent  may 
also  apply.  So  too,  creditors  of  any  copartnership  firm  or  of 
any  joint  debtors,  may  unite  with  any  one  or  more  of  such  firm 
or  joint  debtors  for  the  discharge  of  such  partner  or*  joint  debtor. 
The  petition  shall  be  accompanied  by  the  affidavit  of  each  petition- 
ing creditor,  stating  that  the  sum  specified  therein  and  annexed  to 
the  name  of  the  petitioner  subscribed  to  such  petition  is  justly 
due  to  him  or  will  become  due  at  a  time  to  be  specified,  stating  also 
the  nature  of  the  demand  and  whether  arising  on  any  written 
security  or  otherwise ;  and  that  neither  he  nor  any  person  to  his 
use,  has  received  from  such  insolvent,  or  any  other  person,  pay- 
ment of  any  demand,  or  any  part  thereof,  in  money  or  in  any 
other  way  whatsoever,  or  any  gift  or  reward  whatsoever,  upon, 
any  express  or  implied  trust  or  confidence,  that  he  should  be- 
come a  petitioner  for  such  insolvent. 

Every  such  insolvent  shall  annex  to  and  deliver  with  his  peti- 
tion, to  the  officer  to  whom  it  shall  be  presented,  a  schedule  con- 
taining :  1.  A  full  and  true  account  of  all  his  creditors :  2.  The 
place  of  residence  of  each  creditor,  if  known  to  such  insolvent; 


1^84  THE  CLERK'S  ASSISTANT. 

and  if  not  known,  tlie  fact  to  be  so  stated ;  3  The  sum  owing  to 
each  creditor,  and  the  nature  of  each  debt  or  demand,  whether 
arising  on  written  security,  on  account  or  otherwise ;  4.  The  true 
cause  and  consideration  of  such  indebtedness  in  each  case,  and  the 
place  where  such  indebtedness  accrued ;  5.  A  statement  of  any 
existing  judgment,  mortgage  or  colhiteral  or  other  security,  for 
the  payment  of  any  such  debt ;  6.  A  full  and  true  inventory  of 
all  the  estate,  both  real  and  personal,  in  law  and  equity,  of  such 
insolvent,  of  the  incumbrances  existing  thereon,  and  of  all  the 
books  and  vouchers  and  securities  relating  thereto. 

Such  petitions  are  to  be  presented  to  any  justice  of  the  Supreme 
{'ourt,  County  Judge  or  Recorder  of  cities.  The  officer  receiv- 
ing such  petition  and  accompanying  papers  shall  make  an  order 
requiring  all  the  creditors  of  such  insolvent  to  show  cause,  if 
any  they  have,  why  an  assignment  should  not  be  made  and  the 
insolvent  be  discharged  of  his  debts.  Notice  of  such  order  and 
its  contents  must  be  published  in  the  State  Paper,  and  in  a  news- 
paper printed  in  the  county  in  which  such  application  is  made  if 
there  be  one,  and  if  there  be  none,  in  a  newspaper  printed  nearest 
to  such  county,  and  if  one-fourth  of  such  debt  shall  have  accrued 
in  the  city  of  New  York  such  notice  is  to  be  published  in  a 
newspaper  in  that  city.  If  the  creditors  reside  within  one  hun- 
dred miles,  the  notice  is  to  be  published  once  in  each  week  for 
six  weeks,  if  more  than  one  hundred  miles  once  in  each  week  for 
ten  weeks  successively  ;  and  a  like  notice  is  to  be  served  on  all 
the  creditors  of  the  insolvent  in  the  United  States,  if  personally, 
twenty  days  before  the  hearing,  if  by  mail  forty  days  before  the 
hearing ;  proof  of  the  publication  and  service  of  the  notices  must 
be  made  to  the  officer  on  the  hearing. 

On  the  day  or  at  the  time  appointed  in  such  order,  or  on  a 
subsequent  day  or  term,  the  officer  or  the  court,  shall  proceed 
to  hear  the  proofs  and  allegations  of  the  parties. 

Any  creditor  may  oppose  the  discharge,  and  may  demand 
that  the  case  of  such  insolvent  be  heard  and  determined  by  a 
jury.  If  there  be  no  opposition  to  such  discharge,  or  if  the  ver- 
dict of  the  jury  be  in  favor  of  the  insolvent,  then  the  officer  or 
court  shall  direct  an  assignment  of  all  such  insolvent's  estate, 
both  in  law  and  equity,  in  possession,  reversion,  or  remainder, 
excepting  such  articles  of  wearing  apparel  and  bedding  as  shall 


DEBTOR  AND  CREDITOR.  185 

be  deemed  reasonable  or  necessary.  Such  assignment  is  to  be 
made  to  the  person  nominated  by  the  creditors,  or  by  those  con- 
stituting the  two-tliirds  required.  Upon  the  execution  and  deli- 
very of  the  assignment  and  of  the  property,  such  insolvent  is  to 
be  discharged  from  his  debts  and  from  imprisonment. 

A  discharge,  regularly  and  properly  obtained,  will  discharge 
and  exonerate  such  insolvent  from  all  debts  due  at  the  time  of 
the  assignment,  or  contracted  before  that  time,  founded  upon 
C(jntracts  made  since  April  12,  1813,  within  this  State  ;  and  from 
all  debts  owing  to  persons  resident  within  this  State  at  the  time 
of  the  first  publication  of  the  notice  of  application  for  discharge, 
or  owing  to  persons  not  residing  within  this  State,  who  united 
m  the  petition  for  his  discharge,  or  who  shall  accept  a  division 
from  his  estate. 

Every  discharge  granted  to  an  insolvent  shall  be  void,  if  sucn 
insolvent  shall  have  willfully  sworn  felse,  or  if  after  the  presen- 
tation of  the  petition  he  shall  collect  any  debt  without  render- 
ing an  account  of  the  same,  or  if  he  shall  secrete  any  part 
of  his  estate,  or  if  he  shall  fraudulently  conceal  the  names 
of  any  of  his  creditors,  or  the  amount  due  them,  or  if  in 
order  to  obtain  his  discharge  he  shall  procure  any  person  to 
become  a  petitioning  creditor,  for  any  sum  not  due  in  good  faith, 
or  if  he  pay  or  consent  to  the  payment  of  any  portion  of  any 
debt,  on  condition  that  such  person  to  whom  paid  shall  join  in 
the  petition,  or  abstain  or-desist  from  opposing  the  discharge,  or 
if  he  shall  be  guilty  of  any  fraud  whatever,  contrary  to  the  pro- 
visions of  the  statute. 

When  any  person  shall  have  been  actually  imprisoned  for 
more  than  sixty  days  upon  execution  in  any  civil  action,  any 
creditor  having  a  demand  against  such  person,  to  the  amount  of 
$25,  may  apply  by  petition  to  compel  an  assignment  of  the  estate 
of  such  debtor. 

Every  insolvent  debtor  may  present  a  petition,  praying  that 
his  estate  may  be  assigned  for  the  benefit  of  all  his  creditors,  and 
that  thereafter  his  person  may  be  exempted  from  arrest  or  impri- 
sonment, by  reason  of  any  debts  arising  upon  contracts  previ- 
ously made,  and  if  in  prison,  that  he  may  be  discbai'ged  from 
his  imprisonment.  And  every  person  imprisoned  by  virtue  of 
one  or  more  executions  in  civil  causes,  upon  which  there  shall  be 
24 


186 


THE  CLERK'S  ASSISTANT. 


due  a  sum  not  exceeding  $500,  may  at  any  time  petition  for  his 
discharge ;  if  imprisoned  for  a  sum  exceeding  $500  he  may  peti- 
tion for  his  discharge  after  he  shall  have  been  imprisoned  for 
three  months. 

In  case  one  of  the  trustees  or  assignees  dies,  the  business  is  to 
be  settled  by  the  survivor  or  survivors,  and  if  the  survivor  or  a 
sole  trustee  shall  die,  then  the  judge  or  court  before  whom  the 
proceedings  have  been  had  may  appoint  another  trustee  or 
assignee. 

The  trustees  or  assignees  are  to  take  possession  of  the  estate, 
and  convert  the  same  as  speedily  as  possible  into  money,  and 
after  deducting  the  necessary  disbursements  made  by  them  in 
the  discharge  of  their  duty,  and  their  commissions,  to  pay  over 
the  residue  of  the  moneys  to  the  creditors,  paying  first  those 
having  prior  claims,  by  attachment  or  otherwise ;  and  if,  after 
settling  with  the  creditors,  there  be  a  surplus,  such  surplus  to  be 
paid  the  debtor  or  his  legal  representatives. 


FORMS. 


A     LETTER   OF   LICENSE   TO    A?f   EMBARRASSED    DEBTOR. 

To  all  to  whom  these  presents  shall  come,  we,  C.  D.,  F.  E.,  &c.,  who  have 
hereunto  subscribed  our  names,  and  affixed  our  seals,  creditors  of  A.  B., 
send  Q-reeting: 

Whereas,  the  said  A.  B..  on  the  10th  day  of  January,  1860,  is  indebted  unto 
us,  hereunder  named,  in  divers  suras  of  money,  which  at  present  he  is  not  able 
to  pay  and  satisfy,  without  time  be  given  him  for  payment  thereof;  know  ye, 
therefore,  that  we,  the  said  several  creditors,  and  each  and  every  one  of  us,  at 
the  particular  request  of  the  said  A.  B.,  have  given,  and  by  these  presents,  do 
give  and  grant,  unto  the  said  A.  B .  full  liberty,  license,  power,  and  authority, 
to  go  about,  attend,  follow,  and  negotiate  any  affairs,  business,  matters,  or 
things  whatsoever,  without  any  let,  suit,  arrest,  attachment,  or  any  other  im- 
pediment to  be  offered  or  done  unto  the  said  A.  B.,  his  wares,  goods,  moneys, 
or  other  effects  whatsoever,  by  us  or  either  of  us,  or  by  the  heirs,  executors, 
administrators,  partners,  or  assigns  of  us,  or  either  of  us,  or  by  our,  or  any  of 
our,  means  or  procurement,  to  be  sought,  attempted,  or  procured  to  be  done, 
for  and  during  twelve  months  next  and  immediately  ensuing  the  date  hereof. 
And  further,' we,  the  said  creditors  do,  and  each  of  us  doth,  covenant  and 
grant,  for  ourselves,  our  heirs,  executors,  administrators,  and  assigns,  respect- 
ively, and  not  jointly,  or  one  for  another,  or  for  the  heirs,  executors,  adminis- 
trators, or  assigns  of  each  other,  to  and  with  the  said  A.  B.,  that  we,  or  either 
of  us,  our  heirs,  executors,  administrators,  or  assigns,  or  either  of  them,  shall 
not,  nor  will,  during  the  time  aforesaid,  sue,  arrest,  attach,  or  prosecute  the 
said  A.  B.,  for  or  on  account  of  our  respective  debts,  or  any  part  thereof;  and 
that,  if  any  hurt,  trouble,  wrong,  damage,  or  hindrance  be  done  unto  the  said 
A.  B.,  either  in  body,  goods,  or  chattels,  within  the  aforesaid  term  of  12 
months  next  ensuing  the  date  hereof,  by  us  or  any  of  us  the  said  creditors,  or 
by  any  person  or  persons,  by  or  through  the  procurement  or  consent  of  us,  or 
any  of  us,  contrary  to  the  true  intent  and  meaning  of  these  presents,  then  the 
said  A.  B.,  by  virtue  hereof,  shall  be  discharged  and  acquitted  forever,  against 
such  of  us  the  said  creditors,  his  and  their  heirs,  executors,  administrators,  or 
assigns,  by  whom  and  by  whose  will,  means,  or  procurement,  he  shall  be  ar- 
rested, attached,  imprisoned,  grieved,  or  damaged,  of  all  manner  of  actions, 
suits,  deeds,  debts,  charges,  sum  and  sums  of  money,  claims  and  demands 
whatsoever,  from  the  beginning  of  the  world  to  the  day  of  the  date  hereof. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals  the  day  first 
above  written. 

C.  D.  'L.  s.\ 

F.  E.,  &c.  fu  S.J 


L88  THE  CLERK'S  ASSISTANT. 


A    COMPOSITION    WITH    CREDITORS. 

To  all  to  whom  these  presents  shall  come,  we  whose  names  are  here  under 
written,  and  seals  affixed,  creditors  of  A.  B.,  send  Greeting: 

Whereas,  the  said  A.  B.  doth  justly  owe,  and  is  indebted  unto  us,  his  said 
several  creditors,  in  divers  sums  of  money ;  but  by  reason  of  many  losses, 
great  hindrances,  and  other  damages  happened  unto  the  said  A.  B.,  he  is  be- 
come utterly  unable  to  pay  and  satisfy  us  our  full  debts,  with  such  goods, 
wares,  and  merchandises  which  he  hath,  which  we  the  said  creditors  are  unwil- 
ling to  accept  of,  or  any  wise  to  intermeddle  with  the  same ;  and,  therefore, 
we  the  said  creditors  have  resolved,  and  agreed  to  undejgo  a  certain  loss,  and 
to  accept  of  50  cents  for  every  dollar  owing  by  the  said  A.  B.  to  us,  the  sev- 
eral and  respective  creditors,  aforesaid,  to  be  paid  in  full  satisfaction  and  dis- 
charge of  our  several  and  respective  debts.  Now  know  ye,  that  we  the  said 
creditors  of  the  said  A.  B.,  do  for  ourselves  severally  and  respectively,  and  lor 
our  several  and  respective  heirs,  executors,  and  administrators,  covenant, 
promise,. compound,  and  agree  to,  and  with  the  said  A.  B.,  his  executors,  and 
administrators,  and  to,  and  with  every  of  them  by  these  presents,  that  we  the 
said  several  and  respective  creditors,  our  several  and  respective  heirs,  execu- 
tors, administrators,  and  assigns,  shall  and  will  accept,  receive,  and  take  of. 
and  from  the  said  A.  B.  his  executors,  and  administrators,  for  each  and  every 
dollar  that  the  said  A.  B.  doth  owe,  and  is  indebted  to  us,  the  said  several  and 
respective  creditors,  the  sum  of  50  cents  in  full  discharge  and  satisfaction  of 
the  several  debts,  and  sums  of  money,  that  the  said  A.  B.  doth  owe  and  stand 
indebted  unto  us,  the  said  creditois  I'espectively ;  so  that  the  said  sum  of  50 
cents  to  be  paid  for  each  and  every  dollar  that  the  said  A.  B.  doth  owe  and 
standeth  indebted  unto  us,  the  said  several  and  respective  creditors,  be  paid 
unto  us  the  said  several  and  respective  creditors,  our  several  and  respective 
executors,  administrators,  or  assigns,  within  tiie  time  or  space  of  6  montiis 
next  after  the  date  of  these  presents:  And  we  the  said  several  and  respective 
creditors,  do  severally  and  respectiveh'^,  for  ourselves,  our  several  and  respec- 
tive heirs,  executors,  administrators,  and  assigns,  covenant,  grant,  promise, 
and  agree,  tu  and  with  the  said  A.  B.,  his  executors,  and  administrators,  that 
the  said  A.  B.,  his  executoi-s,  administrators,  and  assigns,  shall  and  may  from 
time  to  time,  and  at  all  times  within  the  said  term  or  space  of  6  montlis 
next  ensuing  the  date  hereof,  assign,  sell,  or  otherwise  dispose  of  his  said 
goods  and  chattels,  Avares  and  merchandises,  at  his  and  their  own  free  will  and 
pleasure,  for  and  towards  the  payment  and  satisfaction  of  the  said  50  cents  for 
every  dollar  the  said  A.  B.  doth  owe,  and  is  indebted,  as  aforesaid,  unto  us 
the  said  respective  creditors ;  and  that  neither  we  the  said  seY,eral  and  respec- 
tive creditors,  or  any  of  us,  nor  the  executors,  administrators,  or  assigns  of  us, 
or  any  of  us,  shall  or  will,  at  any  time  or  times  hereafter,  sue,  arrest,  molest, 
trouble,  imprison,  attach,  or  condemn,  the  said  A.  B.,  his  executors,  or  admin- 
istrators, or  his  or  their  goods  and  chattels,  for  any  debt  or  other  tiling  now 
due  and  owing  to  us,  or  any  of  us,  his  respective  creditors  aforesaid ;  so  as  the 
said  A.  B.,  his  executors,  or  administrators,  do  well  and  truly  pay,  or  cause  to 
be  paid  unto  us  his  said  several  and  respective  creditors,  the  said  sum  of  50 
cents  for  every  dollar  he  doth  owe,  and  standeth  indebted  unto  us  respectively, 
within  the  said  time  or  space  of  6  months  next  ensuing  the  date  hereof. 

In  witness.  &c. 


DEBTOR  AND  CREDITOR. 


189 


JXo.    3. 

PETITION    OF    INSOLVENT    AND    HIS   CREDITORS    UNDER   THE    TWO-THIRD    ACT. 

To  the  honorable  Gr.  W.,  Judge  of  Albany  county  (or  one  of  the  Justices  of 
the  Supreme  Court)  : 

The  petition  of  B.  C,  of  the  city  of  Albany,  an  insolvent  debtor,  now 
actually  an  inhabitant  of  the  city  of  Albany,  and  county  of  Albany,  and  State 
of  New  York,  and  so  many  of  his  creditors  residing  within  the  United  States, 
as  have  debts  in  good  faith  owing  to  them  by  the  said  insolvent,  amounting  to 
at  least  two-thirds  of  all  the  debts  owing  by  him  to  creditors  residing  within 
the  United  States,  praying  that  the  estate  of  the  said  insolvent  may  be 
assigned  unto  M.  P.  and  N.  C,  assignees  nominated  by  the  said  creditors  to 
receive  the  same  for  the  benefit  of  his  creditors ;  and  further,  that  the  said 
insolvent  may  be  discharged  from  his  debts,  according  to  the  provisions  of  the 
statute  for  the  discliarge  of  an  insolvent  from  his  debts. 

Dated  the  LOth  day  of  November,  1859. 

e!  f'., $500  00 

G.  G., 638  25 


ISO.     4. 

AFFIDAVIT    AS    TO    RESIDENCE    OF    PETITIONER. 

State  of  New  York,  County  of  Albany,  ss.  B.  B.,  being  duly  sworn,  says 
that  B.  C,  the  insolvent  in  the  annexed  petition  named,  is  an  inhabitant 
actually  residing  within  the  city  of  Albany  in  the  county  of  Albany. 

B.  B 
Sworn  before  me,  the  10th  day  ) 
of  November,  1859,  \ 

K.  P.,    Commissioner  of  Deeds. 


SCHEDULE    OF   INSOLVENT'S    DEBTS. 


A  full  and  true  account  of  all  the  creditors  of  B.  C,  an  insolvent  debtor, 
with  the  place  of  residence  of  each,  the  sum  owing  to  them  and  each  of  them 
by  the  said  insolvent,  the  nature  of  each  debt,  with  the  true  cause  and  con- 
sideration thereof,  and  the  place  where  the  same  accrued. 


CREDITORS. 

RESIDENCE. 

AMOUNT. 

NATURE  OF  DEBT,  WITH  THE 
TRUE  CAUSE  AND   CONSIDERA- 
TION   THEREOF. 

ACCRUED    AT 

N.  V.  G. 

New  York. 

$343  25. 

Goods,  wares  and  mdse. 

New  York. 

Ifo.    «. 

AFFIDAVIT    OF    RESIDENCE    OF    CREDITORS. 


Before  the  Hon.  G.  W.,  Albany  County  Judge,  in  the  matter  of  the  appli- 
cation of  B.  C,  an  insolvent  debtor,  together  with  his  creditors,  &e.,  pursuant 
to  Art.  3,  Chap.  5,  Title  1,  Part  2,  of  the  Revised  Statutes. 


190 


THE  CLERK'S  ASSISTANT. 


City  and  County  of  Albany,  ss.  B.  C,  the  above  named  insolvent  being 
duly  sworn  {or  affirmed)  say's,  that  the  places  of  residence  of  the  creditors  of 
this  deponent  residing  in  the  United  States  where  such  place  is  known  to 
deponent,  are  as  follows,  that  is  to  say  : 


NAMES    OF    CREDITORS. 

PLACE    OF    RESIDENCE. 

L   P     

Hudson,  N.  Y. 

And  further  says  not 
Sworn,  &c. 


B.  C. 


ISo.    v. 


AFFIDAVIT   OF   ONE   OF    THE   PETITIONING  CREDITORS. 

State  of  New  York,  City  and  County  of  Albany,  ss.  C.  P.,  being  duly 
Bworn  says,  that  he  resides  in  the  town  of  Bethlehem,  county  of  Albany  and 
State  aforesaid,  and  is  one  of  the  petitioning  creditors  of  B.  C,  an  insolvent 
debtor,  and  that  the  sum  of  $600  lawful  money  of  the  United  States,  being  the 
sum  annexed  to  the  name  of  this  deponent,  subscribed  to  the  petition,  is  justly 
due  to  him  from  the  said  insolvent  for  goods,  wares,  and  merchandise  sold  and 
dehvered  by  this  deponent  to  the  said  B.  C.  (the  nature  of  tlie  demand  should 
be  stated  fully),  and  that  neither  he,  nor  any  person  to  his  use,  hath  received 
from  the  said  insolvent,  or  any  other  person,  payment  of  any  demand,  or  any 
part  thereof,  in  money,  or  in  any  way  whatever,  or  any  gift  or  reward  what- 
soever, upon  any  express  or  implied  trust  or  confidence,  that  he  should  become 
a  petitioner  for  the  said  insolvent. 

C    P 

Sworn  to  before  me,  )  

&c.,  \ 

JSo.    S. 

AFFIDAVIT    OF    ONE    OF    COPAKTNF.RSHIP    PETITIONING    CREDITORS. 

State  of  New  York,  City  and  County  of  Albany,  ss.  R.  G-.,  being  duly 
sworn  deposes  and  says,  that  he  resides  in  the  city  of  Albany,  county  of 
Albanv  and  State  aforesaid,  and  is  a  partner  of  the  firm  or  copartnership  of 
G.  and  Brother,  and  who,  as  one  of  the  copartners,  and  in  their  behalf,  hath 
subscribed  to  the  petition  the  name  or  firm  of  their  said  copartnership,  as  peti- 
tioning creditors  of  B.  C,  an  insolvent  debtor,  and  that  the  sum  of  $1,000 
lawful  money  of  the  United  States,  being  the  siun  annexed  to  the  name  of  the 
said  copartnership  subscribed  to  the  petition,  is  justly  due  to  them  from  the 
said  insolvent,  for  iron  and  nails  sold  and  delivered  by  said  copartnership  firm 
to  the  said  B.  C,  and  that  neither  he,  nor  any  person  to  his  or  their  use,  hath 
received  from  the  said  insolvent,  or  any  other  person,  payment  of  any  demand, 
or  any  part  thereof,  in  money,  or  in  any  other  way  whatever,  or  any  gifl  or 
reward  whatsoever,  upon  any  express  or  implied  trust  or  confidence,  that  he 
or  they  should  become  a  petitioner  or  petitioners  for  the  said  insolvent. 

Sworn  before  me,  )  ^-  G-. 

&c.,  \ 

JSo.    ». 

INVENTORY    OF    PETITIONER. 

A  full  and  true  inventory  of  all  the  estate,  both  real  and  personal,  in  law 
and  equity,  of  B.  C,  an  insolvent  debtor,  of  the  incumbrances  existing  thereon, 
and  of  all  the  books,  vouchers,  and  securities,  relating  thereto. 

Twenty  sliares  of  stock  in  the  Canal  Bank. 

House  aud  lot  ITo.  528  Hudson  street,  &:c.,  &c. 

Dated  Nov.  11,  1859.  B.  C. 


DEBTOR  AND  CEEDITOR.  191 

No.    lO, 

OATU    OF    AN    INSOLVENT. 

State  of  New  York,  County  of  Albany,  ss.  I,  B.  C,  of  the  city  vf  Albany, 
do  swear  that  the  account  of  my  creditors,  and  the  inventory  of  my  estate, 
which  are  annexed  to  my  petition  and  herewith  delivered,  are  in  all  respecta 
just  ;ipd  true ;  and  that  I  have  not,  at  any  time,  or  in  any  manner  whatsoever, 
disposed  cf  or  made  over,  any  part  of  my  estate  for  the  future  benefit  of  my- 
self or  my  family,  or  in  order  to  defraud  any  of  ray  creditors ;  and  that  I  have 
in  no  instance  created  or  acknowledged  a'  debt  for  a  greater  sum  than  I 
nonestly  and  truly  owed ;  and  that  I  have  not  paid,  secured  to  be  paid,  or  in 
any  way  compounded  with  any  of  my  creditors,  with  a  view  fraudulently  to 
obtain  the  prayer  of  my  petition. 

B.  C. 

Subscribed  and  sworn,  &c. 


No.    11. 

ORDER   FOR    PUBLISHING,    AND    THAT    CREDITORS    SHOW    CAUSE. 

It  is  hereby  ordered,  that  all  the  creditors  of  B.  C,  an  insolvent  debtor,  be 
required  to  show  cause,  if  any  they  have,  before  me,  on  the  20th  day  of  De- 
cember next,  at  ten  o'clock  in  the  forenoon,  at  my  office.  No.  87  State  street, 
Albany,  why  an  assignment  of  the  said  insolvent's  estate  should  not  be  made, 
and  he  be  discharged  from  his  debts,  pursuant  to  the  provisions  of  the  statute 
for  the  discharge  of  an  insolvent  from  his  debts.  iSTotice  of  which  is  to  be 
published  for  ten  weeks  in  the  State  paper,  and  in  the  newspaper  printed  in 
the  city  of  Albany,  entitled  the  Albany  Express  (and  in  the  newspaper 
printed  in  the  city  of  New  York,  entitled  the  Daily  Tribune).  And  I  hereby 
direct  that  notice  of  this  order  be  served  either  in  person  or  by  lettei',  on  each 
of  the  creditors  of  the  said  B.  C,  insolvent,  residing  in  the  United  States,  and 
whose  place  of  residence  is  known  to  the  said  B.  C,  insolvent.  And  the  ser- 
vice of  the  notice  of  this  order  shall  be  made  on  each  of  the  said  creditors  in 
person  or  by  letter,  addressed  to  him  by  mail,  at  his  known  and  usual  place 
of  residence.  If  such  service  shall  be  personal,  then  it  shall  be  at  least  twenty 
days,  and  if  by  mail,  then  forty  days,  before  the  said  20th  day  of  December 
next. 

G.  W., 
Albany  County  Judge. 

Dated  the  5th  day  of  September,  1859. 


ITo.    13. 

NOTICE   TO   CREDITORS   AND   TO   PUBLISH. 

In  the  matter  of  the  application  of  B.  C,  an  insolvent  debtor,  together  with 
his  creditors,  &c.,  pursuant  to  Art.  3,  Chap.  5,  Title  1,  Part  2,  of  the  Revised 
Statutes. 

You  will  please  to  take  notice,  that  on  the  5th  day  of  September,  in  the 
year  1859,  an  order  was  granted  by  the  Honorable  G.  W.,  Albany  County 
Judge,  on  the  petition  of  B.  C,  of  the  city  of  Albany,  an  insolvent  debtor, 
and  so  many  of  his  creditors  residing  within  the  United  States  whose  debts 
amounted  to  at  least  two-thirds  of  all  the  debts  owing  by  the  said  B.  C,  to 
creditors  residing  within  the  United  States,  requiring  all  the  creditors  uf  the  said 
B.  C.  to  show  cause  before  him  at  his  office  in  the  city  of  Albany,  on  the  20th 


3.92  THE  CLERK'S  ASSISTANT. 

day  of  December,  1859,  at  ten  o'clock  in  the  forenoon  of  that  day,  why  an 
assignment  of  the  estate  of  the  said  B.  C.  should  not  be  made,  and  he  be  dis- 
charged from  his  debts,  pursuant  to  the  provisions  of  the  third  article  of  the 
fifth  chapter  of  the  first  title  of  the  second  part  of  the  Revised  Statutes. 

B.  M., 
Dated  September  5th,  1859.  Attorney  for  Insolvent. 

To 


No.    X3. 

PROOF  OF  SERVICE  OF  NOTICE  TO  BE  INDORSED  ON  A  COPY  OF  THE  NOTICE. 

Albany  City  and  County,  ss.  M.  P.,  being  sworn  says,  that  on  the  6th  day 
of  September,  1859,  at  Albany,  he  served  personally  on  J.  G.  a  notice,  of 
which  the  within  is  a  copy  ;  and  that  on  the  7th  day  of  September,  1859,  he 
served  a  like  notice  upon  M.  M.,  by  properly  folding  the  same  and  putting 
it  in  an  envelop,  directed  to  the  said  M.  M.,  at  Syracuse,  his  residence,  and 
paying  the  postage  thereon. 

M.  P. 

Sworn,  &c.  ' — 

ISO.    X4. 

ORDER   FOR   ASSIGNMENT. 

Whereas,  B.  C,  an  insolvent  debtor,  did,  in  conjunction  with  so  many  of 
his  creditors  residing  within  the  United  States  as  have  debts  in  good  faith 
owing  to  them  by  the  said  insolvent,  amounting  to  at  least  two-thirds  of  all 
the  debts  owing  by  him  to  creditors  residing  within  the  United  States,  present 
a  petition  to  me  for  the  purpose  of  being  discharged  from  his  debts,  pursuant 
to  the  provisions  of  the  third  article  of  the  first  title  of  the  fifth  chapter  of  the 
second  part  of  the  Revised  Statutes;  upon  the  hearing  of  which  it  satisfactorily 
appeared  to  me  that  the  said  insolvent  is  justly  and  truly  indebted  to  the  peti- 
tioning creditors  in  the  sums  by  them  respectively  mentioned  in  their  affida- 
vits annexed  to  the  petition  :  that  such  sums  amount  in  the  aggregate  to  two- 
thirds  of  all  the  debts  owing  bj'  him,  at  the  time  of  presentmg  his  petition, 
to  creditors  residing  within  the  United  States,  and  that  he  has  honestly  and 
fairly  given  a  true  account  of  his  estate,  and  has  in  all  things  conformed  to 
the  matters  required  of  him  by  the  said  article.  And  that  due  notice  of  this 
application  has  been  served  upon  all  the  creditors  of  said  insolvent  residing  in 
the  United  States,  whose  places  of  residence  are  known  to  him,  and  has  been 
published  in  the  manner  required  by  law.  I  do  therefore  direct  that  an 
assignment  be  made  by  the  said  insolvent  to  M.  P.  and  N.  0.,  assignees  nomi- 
nated by  the  said  creditors,  of  all  his  estate,  both  in  law  and  equity,  in  pos- 
session, reversion,  or  remainder,  excepting  from  the  articles  mentioned  in  his 
inventory  such  articles  of  wearing  apparel  and  bedding  as  is  reasonable  and 
necessary  for  the  said  insolvent  and  his  family  to  retain,  and  also  his  arms  and 
accoutrements. 

G.  W., 
Albany  County  Judge. 

Dated  the  20th  day  of  December,  1859. 


DEBTOR  AND  CREDITOK.  193 

IS^o.    15. 

CERTIFICATE   OF   ASSIGNEES   THAT   ASSIGNMENT   HAS   BEEN   MADE. 

We  do  hereby  certify,  that  B.  C,  an  insolvent  debtor,  has  this  day  granted, 
conveyed,  assigned  and  deUvered  to  us  for  the  use  and  benefit  of  all  his  cre- 
ditors, all  his  estate,  real  and  personal,  both  in  law  and  equity,  in  possession, 
reversion  or  remainder,  and  all  books,  vouchers  and  securities,  relating  to  the 
same,  except  such  articles  of  wearing  apparel  and  bedding  as  are  reasonable 
and  necessary  for  the  said  insolvent  and  his  family  to  retain,  and  also  his  arms 
and  accoutrements. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals  this  20th  day 
of  December,  in  the  year  1859. 

M.  P.  [l.  s.J 

Executed  in  the  presence  of  N.  0.   [l.  s.] 

E.  R. 

S.  S. 


ISO.  le. 

ASSIGNMENT. 


Know  all  men  by  these  presents,  that  I,  B.  C,  having  become  insolvent,, 
did,  in  conjunction  with  so  many  of  my  creditors,  residing  within  the  United 
States,  whose  debts  in  good  foith  amount  to  two-thirds  of  all  the  debts  owing 
by  me  to  creditors  residing  within  the  United  States,  present  a  petition  to  the 
honorable  G.  W.,  Albany  County  Judge,  praying  for  relief,  pursuant  to  the 
provisions  of  the  statute  authorizing  an  insolvent  debtor  to  be  discharged  from 
his  debts:  whereupon  the  said  G.  W.,  ordered  notice  to  be  given  to  all  my 
creditors  to  show  cause,  if  any  they  had,  before  him,  at  a  certain  day  and 
place,  why  the  prayer  of  the  petitioner  should  not  be  granted ;  which  notice 
was  duly  published  and  served,  and  no  good  cause  appearing  to  the  contrary, 
he  being  satisfied  that  the  proceedings  were  just  and  fair,  and  that  I  had  in  all 
things  conformed  to  those  matters  required  by  the  said  statute,  directed  an 
assignment  of  all  my  estate  to  be  made  by  me  for  the  benefit  of  all  my 
creditors. 

Now  therefore  know  ye,  that  in  conformity  to  the  said  direction,  I  have 
granted,  released,  assigned  and  set  over,  and  by  these  presents,  do  grant, 
release,  assign  and  set  over,  unto  M.  P.  and  K  0.  the  assignees  nominated  to 
receive  the  same,  all  my  estate,  real  and  personal,  both  in  law  and  equity,  in 
possession,  reversion  or  remainder,  and  all  books,  vouchers  and  securities 
relating  thereto,  to  hold  the  same  unto  the  said  assignees,  to  and  for  the  use  of 
all  my  creditors. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this  20th  day  of 
December,  in  the  year  1859. 

B.  C.  fL.  a] 

Sealed  and  delivered  in 
the  presence  of 


PTo.    XT. 

ACKNOWLEDGMENT   OF   ASSIGNMENT. 


State  of  New  Yorh  County  of  Albany,  ss.     On  the  20th  day  of  December, 
in  the  year  1859,  before  me  came  B.  C,  to  me  known  to  be  the  individual 
described  in  and  who  executed  the  above  assignment,  and  the  said  B.  C, 
acknowledged  that  he  executed  the  same. 
25 


1.94  THE  CLERK'S  ASSISTANT. 

jyo.  18, 

DISCHARGE. 

To  all  to  whom  these  presents  shall  come  or  may  concern,  I,  G.  W,,  Albany 
County  Judge,  send  Greeting : 

Whereas,  B.  C,  an  insolvent  debtor,  residing  within. the  said  county,  did, 
in  conjunction  with  so  many  of  his  creditors,  residing  within  the  United 
States,  as  have  debts  in  good  faith  owing  to  them  by  the  saii  insolvent, 
amounting  to  at  least  two-tlolrds  of  all  the  debts  owing  by  him  to  creditors 
residing  within  the  United  States,  present  a  petition  to  me,  praying  that  the 
estate  of  the  said  insolvent  might  be  assigned  for  the  benefit  of  his  creditors, 
and  he  be  discharged  from  his  debts,  pursuant  to  the  provisions  of  the  statute 
authorizing  an  insolvent  debtor  to  be  discharged  from  his  debts ;  whereupon 
I  ordered  notice  to  be  given  as  required  by  law,  to  all  the  creditors  of  the 
said  insolvent  to  show  cause,  if  any  they  had,  before  me,  at  a  certain  time 
and  place,  why  an  assignment  of  the  said  insolvent's  estate  should  not  be 
made,  and  he  be  discharged  from  his  debts,  proof  of  the  service  whereof  on 
such  of  the  creditors  of  said  insolvent  whose  places  of  residence  are  known 
to  the  insolvent,  as  required  by  law,  and  of  the  publication  whereof  hath  been 
duly  made. 

And  whereas,  it  satisfactorily  appears  to  me  that  the  doings  on  the  part  ot 
the  creditors  are  just  and  fair,  and  that  the  said  insolvent  has  conformed  in 
all  things  to  those  matters  required  of  him  by  the  said  statute,  I  directed  an 
assignment  to  be  made  by  the  said  insolvent  of  all  his  estate,  real  and  per- 
sonal, both  m  law  and  equity,  in  possession,  reversion,  or  remainder,  to  M.  F. 
and  K  0.,  assignees  nominated  by  the  creditors  to  receive  the  same  ;  and  the 
said  insolvent  having,  on  the  20th  day  of  December,  1859,  made  such  assign- 
ment, and  dehvered  to  said  assignee  all  his  said  estate,  and  produced  to  me  a 
certificate  thereof  executed  by  the  said  assignees  and  duly  proved,  and  also  a 
certificate  of  the  Clerk  of  this  county,  that  such  assignment  is  duly  recorded 
in  his  office : 

Now,  therefore,  know  ye,  that  by  virtue  of  the  power  and  authority  in  me 
vested,  I  do  hereby  discharge  the  said  insolvent  from  all  his  debts  and  from 
imprisonment,  pursuant  to  the  provisions  of  the  said  statute. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  23d  day  of 
December,  in  the  year  of  our  Lord  1859. 

G.  W.,     [L.  s.] 

Albany  County  Judge. 


JVo.    X9. 

OATH   OF   ASSIGNEE. 


Albany  City  and  County,  ss.  I,  M.  P.,  having  been  appointed  assignee  of 
B.  C,  an  insolvent  debtor,  do  swear,  that  I  will  well  and  truly  execute  the 
trust  by  that  appointment  reposed  in  me,  according  to  the  best  of  my  skill, 
understanding  and  ability. 

M.  P. 

Sworn,  &c. 


Vio.    SO. 

NOTICE   OF   ASSIGNMENT   TO   BE    GIVEN   BY   THE   TRUSTEES   OR   ASSIGNEES. 

Notice  is  hereby  given,  pursuant  to  the  provisions  of  the  first  title  of  llic 
5flh  chapter  of  the  second  part  of  the  Revised  Statutes,  that  the  undersigned 
have  been  appointed  assignees  of  C.  B.,  an  insolvent  debtor. 


DEBTOR  AND  CREDITOR.  195 

All  persons  indebted  to  the  said  debtor  are  hereby  required  to  render  an 
account  of  all  debts  and  sums  of  mone}^  owing  by  them  respectively,  to  the 
undersigned  assignees,  by  the  1st  day  of  February,  1860,  and  to  pay  the 
same.  And  all  persons  having  in  their  possession  any  property  or  efi'ects  of 
such  debtor,  to  deliver  the  same  to  the  said  trustees  by  said  1st  day  of  Febru- 
ary. And  all  creditors  of  such  debtor  to  deliver  their  respective  accounts  and 
demands  to  the  undersigned  trustees,  or  one  of  them,  on  or  before  said  day, 
at  their  office  in  the  city  of  Albany. 

M.  P. 
K  0. 

Dated  Dec.  20,  1859. 


Ifo.    »1. 

PETITION   BY   A   CREDITOR   OF   AN    INSOLVENT   WHO   HAD   BEEN   IMPRISONED   ON   EX- 
ECUTION  IN   CIVIL   ACTIONS. 

To  Gr.  W.,  Esqr.,  Albany  County   Judge    ( or   one   of  the  Justices  of  the 
Supreme  Court) : 

The  petition  of  B.  B.,  of  the  city  of  Albany  respectfully  shows  that  he  is  a 
creditor  of  D.  D.,  of  the  same  place,  a  debtor  who  has  been  actually  imprisoned 
for  more  than  sixty  days,  upon  an  execution  in  some  civil  action,  and  that 
your  petitioner  has  a  demand  against  the  said  D.  D.,  to  the  amount  of  $25, 
for  which  a  suit  might  now  be  brought.  That  the  said  debtor  has  been  im- 
prisoned for  more  than  sixty  days  in  the  county  jail  in  the  city  of  Albany, 
under  an  execution  in  some  civil  action,  and  that  your  petitioner  is  apprehen- 
sive that  the  estate  of  the  said  debtor  will  be  wasted  or  embezzled. 

Your  petitioner  therefore  prays  that  an  order  may  be  made  requiring  the 
creditors  of  tlie  imprisoned  debtor,  to  appear  before  your  honor,  at  a  certain 
time  and  place  to  be  specified  in  the  order,  and  determine  whether  they  will 
unite  in  a  petition  for  an  assignment  of  the  said  debtor's  estate. 

B.  B. 

Dated  July  5th,  1859. 


No.  sa, 

AFFIDAVIT   OF   CREDITOR. 

ijity  and  County  of  Albany,  ss.  B.  B.,  of  the  city  of  Albany  being  sworn 
says,  D.  D.,  of  said  city,  who  has  been  actually  imprisoned  for  more  than 
sixty  days,  upon  an  execution  upon  some  civil  action,  is  justly  indebted  to  this 
deponent  in  the  sum  of  $200,  now  due :  The  said  debtor  is  imprisoned  in  the 
county  jail  in  the  county  of  Albany,  and  has  been  so  imprisoned  for  more 
than  sixty  days  under  an  execution  against  him  in  some  civil  action  ;  and  that 
this  deponent  is  apprehensive  that  the  estate  of  the  said  debtor  will  be  wasted 
or  embezzled. 

Sworn,  &c.  B.  B. 


No.    33 

ORDER   REQUIRING   CREDITORS   TO    APPEAR. 

Let  the  creditors  of  D.  D.,  an  imprisoned  debtor  in  the  county  jail  of  Al- 
bany county  under  an  execution  against  him  in  some  civil  action,  and  who 
has  been  so  imprisoned  for  more  than  sixty  days,  appear  before  me  at  my 
office  in  the  city  of  Albany  on  the  10th  day  of  September,  1859,  at   12 


196  THE  CLERK'S  ASSISTANT. 

o'clock  noon,  and  determine  whether  they  will  unite  in  a  petition  for  the  as- 
signment of  said  debtor's  estate ;  and  let  notice  of  this  order  be  published 
once  in  each  week,  for  eight  weeks  successively,   in  the  SUite  Paper,   and  in 
the  Knickerbocker,  a  newspaper  printed  in  said  city. 
Witness  my  hand  this  July  6th,  1860. 

^  a.  w., 

Alhamj  County  Judge  (or  Justice  of  Supreme  Court.) 


No.   a4. 

NOTICE    TO    CREDITORS     TO    APPEAR    TO    BE    INDORSED    ON    A    COPT    OF    THE    ORDER. 

Take  notice  of  an  order  this  day  made  by  Hon.  G.  W.,  Albany  County 
Judge  (or  one  of  the  Justices  of  the  Supreme  Court),  of  which  the  within  is 
a  copy. 

E.  S.  Q., 

July  6th,  1859.  Attorney  for  Petitioning  Creditor 


JSo.    35. 

AFFIDAVIT    OF    CREDITOR   WHO    UNITES    IN    THE    PETITION. 

Albany  City  and  County,  ss.  E.  E.,  of  said  city,  being  duly  sworn  says, 
that  D.  D.  of  said  city  is  a  debtor  who  has  been  actually  imprisoned  for  more 
than  sixty  days  in  the  Albany  County  jail  upon  execution  in  some  civil  action, 
and  that  he  is  justly  indebted  to  this  deponent  in  the  sum  of  $200,  now  due, 
and  that  this  deponent  is  apprehensive  that  the  estate  of  the  said  debtor  will 
be  wasted  or  embezzled.  And  this  deponent  further  says,  that  the  sum  of 
$200  above  specified  was  due  from  the  said  debtor,  at  the  time  of  grantmg  the 
order  for  publication  of  notice  to  creditors  to  appear  and  determine  whether 
they  would  unite  in  a  petition  for  an  assignment  of  the  said  debtor's  estate. 

E.  K 

Sworn,  &c. 


Ifo.    36. 

ORDER   FOR  AN   ASSIGNMENT. 

It  appearing  to  me  that  the  creditors  of  B.  C,  residing  within  the  United 
States,  having  debts  due  to  them,  amounting  to  two-thirds  of  all  the  debts 
owing  by  said  B.  C,  a  debtor  (who  is  imprisoned  in  the  Albany  County  jail, 
and  has  been  so  imprisoned  for  more  than  sixty  days  under  an  execution  against 
him  m  some  civil  action),  which  creditors  reside  within  the  United  States,  have 
petitioned  in  the  manner  directed  by  the  statute  concerning  "Proceedings  by- 
creditors,  to  compel  assignments  by  debtors  imprisoned  on  execution  in  civil 
cases,"  for  an  assignment  of  the  said  B.  C.'s  estate,  and  no  good  cause  to  the 
contrary  appearing,  I  hereby  order  and  direct  the  said  B.  C,  on  or  before  the 
15th  day  of  September  instant  {or  forthwith),  to  deliver  an  account  of  his 
creditors  and  an  inventory  of  his  estate  to  me,  upon  oath,  and  to  execute  an 
assignment  of  his  estate,  or  that  he  show  cause  why  an  assignment  should  not 
be  made  by  me. 

^  G.  W., 

Dated  September  10,  1859.  Albany  County  Judge. 


DEBTOR  AND  CREDITOR.  197 

ISO.  av. 

ASSIGNMENT    OF    IMPRISONED    DEBTOR. 

Know  all  men  by  these  presents,  that  I,  B.  C,  an  imprisoned  debtor  having 
become  insolvent,  and  that  so  many  of  my  creditors,  residing  within  the 
United  States,  whose  debts  in  good  faith  amount  to  two-thirds  of  all  the  debts 
owing  by  me  to  creditors  residing  within  the  United  States,  did  present  a 
petition  to  the  honorable  G.  W.,  Albany  County  Judge  (or  one  of  the  Justices 
of  the  Supreme  Court),  praying  for  relief,  pursuant  to  the  provisions  of  the 
statute  authorizing  an  insolvent  debtor  to  be  discharged  from  his  debts;  where- 
upon the  said  Gr.  W.  ordered  notice  to  be  given  to  all  my  creditors  to  show 
cause,  if  any  they  had,  before  him,  at  a  certain  day  and  place,  why  the  prayer 
of  the  petitioners  should  not  be  granted ;  which  notice  was  duly  published 
and  served,  and  no  good  cause  appearing  to  the  contrary,  he  being  satisfied 
that  the  proceedings  were  just  and  fair,  and  that  the  petitioners  had  in  all 
things  conformed  to  those  matters  required  by  the  said  statute,  directed  an 
assignment  of  all  my  estate  to  be  made  by  me  for  the  benefit  of  all  my  credi- 
tors. Now,  therefore,  know  ye,  that  in  conformity  to  the  said  direction,  I  have 
granted,  released,  assigned,  and  set  over,  and  by  these  presents,  do  grant,  re- 
lease, assign  and  set  over,  unto  E.  E.,  an  assignee  nominated  to  receive  the 
same,  all  my  estate,  real  and  personal,  both  in  law  and  equity,  in  possession, 
reversion  or  remainder,  and  all  books,  vouchers  and  securities  relating  thereto, 
to  hold  the  same  unto  the  said  assignee  to  and  for  the  use  of  all  my  creditors. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  15th  day 
of  September,  in  the  year  1859. 

B.  C.  [L.  s.] 

Sealed  and  deUvered  in  ) 

the  presence  of  )  

No.     S8. 

PETITION   OF   A   DEBTOR   IN   PRISON   FOR    DISCHARGE     ON     AN     ASSIGNMENT     OF     HIS 

ESTATE. 

To  the  Hon.  G.  W.,  County  Judge  of  the  county  of  Albany  (or  one  of  the 
Justices  of  the  Supreme  Court  of  the  State  of  New  York) : 

The  petition  of  B.  C.  of  the  city  of  Albany  respectfully  shows,  that  your 
petitioner  is  confined  in  the  county  jail  of  the  county  of  Albany  in  execution 
at  the  suit  of  P.  P.,  issuing  out  of  the  Supreme  Court  of  the  State  of  New 
York,  for  the  sum  of  $300  and  interest  thereon  from  January  14,  1859 :  your 
petitioner  prays  for  an  order  directing  the  Sheriff  of  said  county  to  bring  your 
petitioner  into  this  court,  at  a  day  and  time  to  be  appointed  for  that  purpose, 
that  the  plaintifi'  P.  P.,  in  the  suit  aforesaid,  may  personally,  or  by  his  attorney, 
show  cause,  if  any  he  may  have,  why  an  assignment  of  all  the  said  petitioner's 
estate,  should  not  be  made,  and  your  petitioner  be  thereupon  discharged  from 
his  imprisonment  in  the  said  suit,  in  pursuance  of  the  provisions  of  the  statute 
concerning  "Voluntary  assignments  by  a  debtor  imprisoned  in  execution  in 
civil  causes."  And  your  petitioner,  in  conformity  to  the  directions  of  the  said 
statute,  sets  forth  and  states  that  the  following  is  a  just  and  true  account  of  all 
his  estate,  real  and  personal,  in  law  and  equity,  and  of  all  cliarges  aflecting  the 
same,  both  as  such  estate  and  charges  existed  at  the  time  of  his  imprisonment, 
and  as  they  exist  at  the  time  of  presenting  this  petition.  (Set  forth  the  real 
estate  and  if  subject  to  mortgage,  give  date  and  amount  now  due  thereon,  and 
also  the  personal  estate.)     All  which  is  respectfully  submitted. 

Dated  July  10,  1860  B.  C. 


198 


THE  CLERK'S  ASSISTANT. 

AFFIDAVIT    TO    BE   INDORSED    ON    THE    PETITION. 


Albany  City  and  County,  ss.  I,  B.  C,  the  within  named  petitioner,  do 
swear  {or  affirm)  that  the  within  petition  and  account  of  my  estate  and  of  the 
charges  thereon,  are  in  all  respects  just  and  true ;  and  that  I  have  not,  at  any- 
time or  in  any  manner,  disposed  of  or  made  over,  any  part  of  my  property, 
Avith'  a  view  to  the  future  benefit  of  myself  or  my  family,  or  with  an  intent  to 
injure  or  defraud  any  of  my  creditors. 

Sworn,  <fec.  B.  C. 

JSo.    30. 

ORDER   TO   BRING   PRISONER   INTO   COURT. 

At  a  special  term  of  the  Supreme  Court  held  for  the  State  of  New  York  (or 
at  a  term  of  the  County  Court  of  Albany  county)  held  at  the  City  Hall 
in  the  city  of  Albany,  December  15,  1859. 

Present — Hon.  G.  W.,  Justice  (or  Albany   County  Judge). 

P.     P.  ) 

agt.  V 

B.     C. 


The  petition  of  the  above  named  defendant,  under  and  in  accordance  with 
the  provisions  of  the  statute  concerning  "Voluntary  assignments  by  a  debtor 
imprisoned  in  execution  in  civil  causes,"  stating  the  cause  of  his  imprisonment 
by  virtue  of  an  execution  issued  out  of  this  court,  and  an  account  of  his  estate 
therein  set  forth,  being  presented  and  read ;  and  upon  proof  of  the  due  ser- 
vice of  a  notice  of  the  said  defendant's  intention  of  presenting  the  said  peti- 
tion to  this  court,  and  a  true  copy  of  his  estate  as  set  forth  and  stated  in  such 
petition,  according  to  the  directions  of  the  said  statute.  On  motion  of  A.  C.  of 
counsel  for  said  petitioner,  ordered  that  the  Sheriff  of  the  county  of  Albany, 
bring  up  the  said  prisoner  before  this  court  on  the  20th  day  of  December, 
1859,  at  10  o'clock  in  the  forenoon  of  that  day. 

R  B.,   Chrh. 


2Vo.    31. 

ORDER   THAT   ASSIGNMENT    BE   MADE. 


P.      P. 


At,  &c. 

The  above  named  defendant  having  been  brought  before  this  court  pursuant 
to  a  rule  for  such  purpose,  and  the  court  having  heard  and  examined  the  alle- 
gations and  proofs  of  the  said  parties,  and  being  satisfied  that  the  petition  and 
account  of  the  petitioner  are  correct,  and  that  his  proceedings  herein  are  just 
and  fair.  On  motion  of  A.  C.  of  counsel  for  the  said  prisoner,  ordered  that 
the  estate  of  the  said  prisoner,  contained  in  the  account  stated  and  set  forth  in 
his  petition,  or  so  much  of  it  as  maybe  sufficient  to  satisfy  the  debt  wherewith 
the  prisoner  stands  charged,  together  with  the  jail  fees  thereon  O^is  arms  and 
accoutrements,  and  necessary  wearing  apparel  and  bedding,  and  the  tools  and 
instruments  of  his  trade,  and  team,  not  exceeding  $150  in  value  in  the  whole, 
excepted),  be  assigned  to  C.  C.  for  the  benefit  of  the  creditors  above  named 

E.  B.,   Clerk. 


DEBTOR  AXD  CREDITOR  199 

JSo.     33. 

ASSIGNMENT   ANNEXED   TO   PETITION. 

I,  B.  C,  of  the  city  of  Albany,  the  prisoner  named  in  the  foregoing  petition, 
for  and  in  consideration  of  the  premises  therein  contained,  and  in  pursuance 
of  the  statute  in  such  case  made  and  provided,  have  assigned,  transferred  and 
set  over,  and  by  these  presents  do  assign,  transfer,  and  set  over  unto  C.  C.  all 
the  estate,  real  and  personal,  in  law  and  equity,  contained  in  the  account  with- 
in set  forth  and  stated,  or  so  much  thereof  as  may  be  suflicient  to  satisfy  the 
debt  wherewith  I,  the  said  prisoner,  stand  charged  as  within  mentioned,  to- 
gether with  the  jail  fees  thereon  (my  arms  and  accoutrements,  and  necessary 
wearing  apparel  and  bedding,  and  tools  or  instruments  of  my  trade  and  team, 
not  exceeding  $150  in  value  in  the  whole  excepted)  and  to  his  assigns,  to 
have  and  to  hold  the  same,  and  every  part  and  parcel  thereof  (except  as  be- 
fore excepted),  for  the  benefit  of  the  creditor,  and  to  satisfy  the  debt  in  said 
petition  mentioned,  wherewith  I,  the  said  prisoner,  stand  charged  in  execu- 
tion, together  with  jail  fees  as  aforesaid,  unto  the  said  C.  C,  and  his  assigns 
forever. 


JSo.    33. 

DISCHARGE. 


Title  of 
the  action. 


At,  &c.   (as  in  No.  29.) 

An  assignment  of  all  the  estate,  real  and  personal,  in  law  and  equity,  con- 
tained in  the  account  of  the  above  named  defendant  as  set  forth  in  his  petition 
addressed  and  presented  to  this  court,  stating  the  cause  of  his  imprisonment 
by  virtue  of  an  execution  issued  out  of  this  court,  at  the  suit  of  the  above 
named  plaintiff,  and  praying  to  be  discharged  from  his  imprisonment  in  the 
above  action,  according  to  the  directions  of  the  statute  "  of  voluntary  assign- 
ments by  a  debtor  imprisoned  in  execution  in  civil  causes,"  having  been  made 
and  executed  by  the  above  defendant  pursuant  to  an  order  of  this  court,  on 
motion  of  A.  C,  of  counsel  for  the  defendant,  and  in  his  behalf: 

Ordered,  that  the  said  defendant  be  discharged  out  of  custody  of  the  Sheriff 
of  the  county  of  Albany  at  the  suit  of  the  above  plaintiff,  in  the  cause  stated 
in  the  said  petition. 

R.  B.,  Clerk. 


3Vo,    34. 

APPLICATION     OF   A    PRISONER     UNDER    SENTENCE    AND    IMPRISONED     FOR    NON-PAT- 
MENT    OF   FINES,    IMPRISONED    FOR   A   MISDEMEANOR. 

To  the  honorable  the  County  Court  of  Albany  County : 

The  petition  of  B.  C,  shows  to  this  honorable  court  that  he  is  now  and  has 
been  for  forty-five  days  last  past,  a  prisoner  in  the  jail  in  said  county,  under  a 
sentence  passed  by  the  Court  of  Sessions  for  the  county  of  Albany  (or  Court 
of  Oyer  and  Terminer),  held  in  and  for  said  county  on  the  5th  day  of  Xovem- 
ber,  1859,  for  a  misdemeanor,  viz.  (set  forth  the  crime  convicted  of),  and  by 
which  sentence  he  was  fined  a  sum  not  exceeding  $250,  to  wit,  the  sum  of 
$125  for  his  offense,  and  to  stand  committed  till  the  same  was  paid. 

Your  petitioner  further  shows  that  he  was  unable  at  the  time  such  sentence 
was  passed,  and  has  been  unable  ever  since  his  said  conviction,  to  pay  such 


200 


THE  CLERK'S  ASSISTANT. 


fine.  Whereupon  he  prays  that  he  may,  according  to  the  provisions  of  the 
statute  in  such  case  made  and  provided,  be  discharged  fi:om  his  said  imprison- 
ment. 

B.  C. 
December  21stj  1859. 


No.    3C5. 

AFFIDAVIT   TO   BE   ANNEXED   TO   THE   FOREGOING   PETITION. 

Albany  City  and  County,  s3.  B.  C,  being  sworn  says,  that  he  has  read  the 
foregoing  petition  by  him  subscribed  and  knows  the  contents  thereof,  and  the 
fects  therein  stated  are  all  true. 

B.  C. 

Sworn,  &a 


CHAPTER  XVT. 

DOWER. 

Dower  i3  the  right  of  a  woman  in  a  third  part  of  all  the  lands 
and  tenements  in  fee  simple  of  which  her  deceased  husband  was 
seised  during  coverture.  To  the  consummation  of  the  title  to 
dower  three  things  are  requisite,  viz. :  marriage,  seisin  of  the 
husband,  and  his  death.  Dower  attaches  upon  all  marriages  not 
absolutely  void,  and  Existing  at  the  death  of  the  husband;  it 
belongs  to  a  wife  de  facto,  whose  marriage  is  voidable  by  decree ; 
so  too,  to  a  wife  married  within  the  age  of  consent,  though  the 
husband  dies  within  that  age. 

The  husband  must  have  been  seised  of  the  land  at  some  time 
during  the  marriage,  to  entitle  the  wife  to  dower,  and  for  his 
own  beneficial  use ;  for  if  the  seisin  be  transitory,  or  only  for  an 
instant,  and  when  the  same  act  that  gives  the  estate  to  the  hus- 
band conveys  it  out  of  him,  it  is  not  sufficient  to  give  dower ;  so 
if  the  husband  holds  the  land  as  a  trustee,  the  wife  has  no  dower 
therein. 

The  interest  of  a  wife  in  the  lands  of  her  husband  attaches 
upon  the  marriage,  and  during  the  life  of  her  husband  her  title 
is  inchoate,  and  not  consummated  till  the  husband's  death.  Her 
title  may  be  extinguished  in  various  ways,  but  the  husband 
cannot  defeat  it  by  any  act  in  the  nature  of  alienation  or  change 
without  the  assent  of  the  wife,  given  and  proved  according  to 
law. 

The  more  common  way  of  extinguishing  title  is  by  the  wife 
joining  with  the  husband  in  a  conveyance  of  the  property.  So 
too  it  may  be  extinguished  by  a  re-entry  under  a  title  paramount 
to  that  of  the  husband  ;  as  where  the  husband  buys  land"  subject 
to  a  mortgage  and  the  mortgage  is  foreclosed,  thus  cutting  off  the 
equity  of  redemption.     Yet  in  such  cases,  if  the  land  sells  for 


202 


THE  CLERK'S  ASSISTANT. 


more  than  sufficient  to  pay  the  mortgage,  tlie  interest  of  the  wife 
attaches  to  the  surplus,  and  she  becomes  endowed  therein. 

It  is  necessary  that  she  be  the  wife  of  the  husband  at  the  time 
of  his  death,  otherwise  there  will  be  no  dower.  A  divorce,  a 
vinculo  matrimonii^  bars  the  claim  of  dower.  Where  the  wife 
has  been  guilty  of  adultery,  she  thereby  forfeits  her  right  to 
dower ;  and  in  case  the  divorce  is  for  the  adultery  of  the  hus- 
band, the  statute  allows  a  reasonable  provision  to  be  made  for 
the  wife  out  of  the  husband's  estate,  by  way  of  indemnity  for 
the  loss  of  her  dower. 

The  wife  may  also  be  barred  of  her  dower  by  having  a  joint 
estate,  usually  denominated  a  jointure^  settled  upon  her  and  her 
husband,  and  iti  case  of  his  death  to  be  extended  to  the  use  of 
the  wife  during  her  life ;  but  such  jointure  should  be  made  before 
marriage  to  bar  the  dower,  otherwise  she  may  reject  the  jointure 
and  claim  the  dower. 

Where  the  husband  makes  a  provision  in  his  will  to  be  in  lieu 
of  dower,  the  widow  may  accept  the  provision  instead  of  the 
dower,  or  she  may  reject  the  provision  and  claim  her  dower. 
But  if  the  husband  give  by  will  any  portion  of  his  estate  to  his 
wife,  and  say  nothing  in  regard  to  her  dower,  then  she  will 
receive  such  provision  in  addition  to  her  dower. 

An  alien  widow  is  not  entitled  to  dower  in  the  lands  of  her 
husband  if  he  be  an  alien,  unless  he  shall  have  taken  the  neces- 
sary steps  to  authorize  him  to  hold  real  estate,  but  if  her  husband 
be  a  citizen  of  the  United  States  she  will  be  entitled  to  dower  in 
his  real  estate. 

Where  the  husband  exchanges  lands  which  he  holds  in  fee, 
for  other  lands  which  he  also  holds  in  fee,  the  widow  will  not  be 
endowed  in  both  parcels  of  land,  but  she  must  make  her  elec- 
tion in  which  she  claims  dower. 

A  widow  may  tarry  in  the  chief  house  of  her  husband  forty 
days  after  his  death,  whether  her  dower  be  sooner  assigned  to 
her  or  not,  without  being  made  liable  to  any  rent  for  the  same, 
and  in  the  meantime  she  shall  have  her  reasonable  sustenance 
out  of  her  husband's  estate ;  she  shall  demand  her  dower  within 
twenty  years  of  the  death  of  her  husband ;  but  if  at  the  time  of 
his  death  she  be  a  minor,  or  insane,  or  imprisoned  on  a  criminai 
charge   or  conviction,   the   time  during  which  such  disability/ 


DOWER.  203 

continues  shall  not  form  any  part  of  the  said  term  of  twenty 
years. 

Whenever,  in  any  action  brought  for  the  purpose,  a  widow 
shall  recover  her  dower  in  lands  of  which  her  husband  shall 
have  died  seised,  she  shall  be  entitled  also  to  recover  damages 
for  the  withholding  of  such  dower.  Such  damages  shall  be  one- 
third  part  of  the  annual  value  of  the  mesne  profits  of  the  lands 
in  which  she  shall  so  recover  her  dower,  to  be  estimated  m  a  suit 
against  the  heirs  of  her  husband  from  the  time  of  his  death  ;  and 
in  suits  against  other  2:)ersons,  from  the  time  of  her  demanding 
her  dower  of  such  persons ;  and  in  all  cases  to  be  estimated  to 
the  time  of  recovering  judgment  for  such  damages,  but  not  to 
exceed  six  years  in  the  whole  in  any  case. 

Any  widow  who  shall  not  have  had  her  dower  assigned  to 
her,  within  forty  days  after  the  decease  of  her  husband,  may 
apply  by  petition  for  the  admeasurement  of  her  dower  to  the 
Supreme  Court ;  or  to  the  County  Court  of  the  county  in  which 
the  lands  subject  to  dower  lie  ;  or  to  the  Surrogate  of  the  same 
county ;  specifying  the  lands  to  which  she  claims  dower.  A 
copy  of  such  petition,  with  notice  of  the  time  and  place  when  it 
will  be  presented,  shall  be  served  at  least  twenty  days  previous 
to  its  presentation,  upon  the  heirs  of  her  husband ;  or  if  they  are 
not  the  owners  of  the  lands  subject  to  dower,  then  upon  the 
owners  of  such  lands  claiming  a  freehold  estate  therein ;  or  their 
guardians,  when  any  such  heirs  or  owners  are  minors. 

If  the  widow  does  not  apply  within  one  year  after  her  hus- 
band's death,  then  any  one  of  the  heirs  of  the  husband,  or  one 
of  the  owners  of  the  land,  may  apply  in  the  same  way  by  peti- 
tion and  a  like  notice.  Upon  the  hearing  before  the  Court  or 
Surrogate,  three  persons,  disinterested  freeholders,  may  be 
appointed  as  Commissioners  to  admeasure  the  widow's  dower. 
They  shall  admeasure  and  lay  off,  as  speedily  as  possible,  the 
one-third  part  of  the  lands  embraced  in  the  order  for  their 
appointment,  as  the  dower  of  such  widow,  designating  such  part 
with  posts,  stones,  or  other  permanent  monuments ;  in  doing 
so  they  are  to  take  into  view  any  permanent  improvement 
made  upon  such  lands.  Their  report,  when  completed,  shall 
be  filed  and  entered  at  large  in  the  minutes  of  the  court, 
and  confirmed ;  unless  such  report  is  appealed  from  within  thirty 


204  THE  CLERK'S  ASSISTANT. 

days  from  the  date  of  confirmation  it  shall  be  binding  and 
conclusive  upon  all  the  parties  upon  whom  notice  shall  have 
been  given ;  and  the  widow  thereafter  may  bring  ejectment 
against  an}^  party  who  refuses  to  give  her  possession  of  the 
premises  awarded  her.  The  premises  so  awarded  to  the 
widow  she  may  hold  during  her  natural  life,  free  and  clear  of 
her  husband's  debts,  and  she  may  sell,  lease  or  assign  her  inte- 
rest therein. 


FORMS. 


ISTo.    1. 

A   RELEASE   OF   DOWER  TO   THE   HEIR. 

Know  all  men,  that  I,  A.  B.,  widow  of  B.  B.,  as  well  for  and  in  considera- 
tion of  $400  to  me  paid  at  or  before  the  sealing  of  these  presents,  by  my  son 
J.  B.  (the  receipt  whereof  I  do  hereby  acknowledge),  and  for  the  love  and 
affection  which  I  have  to  my  said  son,  have  granted,  remised,  released,  and 
forever  quit-claimed,  and  by  these  presents -do  grant,  release,  and  convey,  unto 
the  said  J.  B.,  his  heirs  and  assigns  forever,  all  the  dower  and  thirds,  right, and 
title  of  dower  and  thirds,  and  all  other  right,  title,  interest,  property,  claim, 
and  demand  whatsoever,  in  law  and  in  equity,  of  me  the  said  A.  B.,  of,  in, 
and  to  (a  description  of  certain  parcel  of  land,  &c.,  and  how  it  descended  to  A. 
B.  and  B.);  so  that  neither  I,  the  said  A.  B.,  my  heirs,  executors,  or  adminis- 
trators, nor  any  other  person  or  persons  for  me,  them,  or  any  of  them,  shall 
have,  claim,  challenge,  or  demand,  or  pretend  to  have,  any  dower  or  thirds, 
or  any  other  right,  title,  claim,  or  demand,  of,  in,  or  to  the  said  premises,  but 
thereq/"  and  therefrom  shall  be  utterly  debarred  and  excluded  forever,  by  these 
presents. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  17th  day  of 
January,  1860. 

A.  B.  [L.  s.] 


KTo.  2. 

RELEASE   OF   DOWER   INDORSED   ON   A   DEED  >3F   THE   PREMISES. 

I,  A.  B.,  widow  of  M.  B.,  deceased,  in  consideration  of  $1  to  me  in  hand 
paid  by  L.  M.,  have  granted,  sold,  and  conveyed,  and  by  these  presents  do 
sell,  release,  and  convey,  to  the  said  L.  M.  all  my  right,  title,  interest  and 
dower  right  in  and  to  the  within  described  property. 

In  witness,  &c. 


No.    3. 

ASSIGNMENT   OF   DOWER. 

This  indenture,  made  this  18th  day  of  January,  1860,  between  R.  P.  andB. 
P.,  sons  of  J.  P.,  late  of  the  town  of  Bethlehem,  deceased,  of  the  first  part, 
and  W.  P.,  widow  of  the  said  J.  P.,  of  the  second  part.  Whereas,  the  said  J. 
P.  was  in  his  lifetime  and  at  the  time  of  his  death  seised  in  fee  of  certain  lands 
and  tenements  in  the  town  aforesaid,  which  upon  tlrf  decease  of  the  said  J. 
P.  descended  to  the  said  R.  P.  and  B.  P.,  subject  to  the  dower  right  of  the 


206  THE  CLERK'S  ASSISTANT. 

said  "W.  P.  No\v  this  indenture  witnesseth,  that  the  said  R.  P.  and  B.  P.  hath 
endowed  and  assigned,  and  by  these  presents  doth  endow  and  assign  unto  the 
said  W.  P.  tlie  one-tliird  part  of  the  said  lands  and  tenements  bounded  and 
described  as  follows:  (insert  description  of  the  part  set  apart  for  dower.)  To 
have  and  to  hold  the  said  premises  unto  the  said  W.  P.  widow  as  aforesaid  for 
aui  during  her  natural  life,  in  the  name  of  dower,  and  in  recompense  and 
satisfaction  of  all  the  dower  which  the  said  W.  P.  ought  to  have,  of;  or  in  the 
said  lands  and  tenements  which  belonged  to  and  were  of  the  said  J.  P. 

In  witness  whereof,  the  said  parties  have  hereunto  interchangeably  set  tlieir 
hands  and  seals  the  day  and  year  first  above  written. 

R.  P.  [l.  s.] 
B.  P.  [l.  S.J 

W.  P.  fL.  S.J 


No.    4. 

PETITION    FOR    ADMEASUREMENT    OF    DOWER. 

To  the  Albany  County  Court  (or  to  the  Supreme  Court  of  the  State  of  New 
York,  or  to  A.  B..  Surrogate  of  Albany  County) : 

The  petition  of  L.  C,  of  the  town  of  Bethlehem,  in  the  county  of  Albany, 
respectfully  shows  that  she  is  the  widow  of  P.  C,  late  of  said  town,  deceased; 
that  her  said  husband  died  on  the  10th  day  of  July,  1859;  that  the  said  P.  C. 
at  tfie  time  of  his  death  and  previous  thereto,  was  seised  in  fee  {or  of  an  estate 
of  inheritance)  of  and  in  certain  lands  and  tenements  bounded  and  described 
as  follows:  (insert  description.) 

And  your  petitioner  further  shows  that  the  said  P.  C.  left  him  surviving  A, 
C,  B.  C,  and  G.  C,  his  children  and  heirs-at-law,  all  of  whom  are  of  full  age 
except  the  said  Gr.  C.,  who  is  a  minor  of  the  age  of  fourteen  years  and  up- 
wards, all  of  which  said  heirs-at-law  are  the  owners  of  the  said  lands  subject 
to  the  dower  right  of  your  petitioner. 

Your  petitioner,  therefore,  prays  that  the  necessary  steps  may  be  tak?n  that 
commissioners  may  be  appointed  for  admeasuring  the  dower  of  your  peti- 
tioner in  the  said  lands  pursuant  to  the  statute. 

December  10,  1859.  L.  0. 


No.    5. 

k        AFFIDAVIT    TO    PETITION. 

Albany  City  and  County,  ss.  L.  C,  being  sworn,  says :  she  has  read  the 
foregoing  petition  by  her  subscribed,  and  knows  the  contents  thereof,  and  that 
the  same  is  true  except  as  to  the  matters  therein  stated  on  her  information 
and  belief,  and  as  to  those  matters  she  believes  it  to  be  true. 

Sworn,  &c.  L.  0. 


No.    6. 

NOTICE  OF  APPLICATION  FOR  DOWER  TO  BE  SERVED  WITH  COPY  PETITION. 

To  A.  C,  B.  C.  and  Q-.  C,  and  to  all  other  persons  claiming  an  interest  in  the 
lands  set  forth  in  the  within  petition : 

Take  notice,  that  a  petition,  of  which  the  annexed  is  a  copy,  will  be  pre- 
sented to  the  Supreme  (or  County)  Court  {or  Surrogate)  of  Albany  County, 
at  the  next  terra  thereof  to  be  held  {or  to  the  said  Surrogate  at  his  office)  at 


DOWER.  207 

the  City  Hall  in  the  city  of  Albany,  on  the  10th  day  of  January,  1860,  at  the 
opening  of  the  court  on  that  day,  or  as  soon  thereafter  as  counsel  can  be  heard : 
and  a  motion  will  then  be  made  that  the  prayer  of  said  petition  be  granted. 

Yours,  &c., 
B.  Y, 
Albany,  January  10,  1860.  Attorney  for  Petitioner, 


No.  V. 

NOTICE   BY   HEIRS    TO   WIDOW  TO    DEMAND   DOWER. 

To  L.  C,  Widow  of  P.  C,  late  of  the  town  of  Bethlehem,  deceased : 

Take  notice,  that  you  are  required  to  make  demand  of  your  dower  in  tne 

lands  owned  by  the  said  P.  C,  previous  to  and  at  the  time  of  his  decease, 

within  ninety  days  after  service  of  this  notice. 

The  said  lands  are  described  as  follows :  ("description. J 

Yours,  &c., 
August  5, 1860.  A.  0. 


N"o.  8. 

PETITION    FOR    APPOINTMENT    OF    GUARDIAN. 

To  the  Supreme  Court  (or  Albany  County  Court  or  to  A.  B.,  Esq.,  Surrogate 
of  Albany  County) : 
The  petition  of  G-.  C.  shows  that  he  is  an  infant  of  the  age  of  fourteen 
years,  and  upwards,  to  wit:  of  the  age  of  eighteen  years;  that  L.  C,  widow 
of  P.  C,  has  served  on  your  petitioner  her  notice  of  application  for  the  ad- 
measurement of  her  dower  in  the  lands  of  which  the  said  P.  C.  died  seised ; 
that  your  petitioner  has  no  general  or  special  guardian,  and  he  therefore  prays 
that  some  suitable  person  may  be  appointed  the  special  guardian  of  your 
petitioner  to  take  charge  of  his  interest  in  the  premises. 

G  0 
December  20,  1859. 

[Add  jurat,  as  No.  5.J 


:n"o.  9. 

ORDER   APPOINTING   GUARDIAN. 

At  a  special  term  of  the  Supreme  Court  of  the  State  of  New  York  (or  at  a 
term  of  the  Albany  County  Court,  or  of  the  Surrogate's  Court  of  Albany 
County),  held  at  the  City  Hall  in  the  city  of  Albany,  January,  10th,  1860. 

Present — Hon.  G.  W.,  Justice  (or  Albany  County  Jtidge  or  Surrogate). 

On  the  matter  of  the  application  of  P.  C,  ) 
for  admeasurement  of  dower.  ) 

On  reading  and  filing  petition  of  Gr.  C,  showing  that  he  is  an  infant  of  the 
age  of  eighteen  years,  and  has  no  general  guardian,  and  that  L.  C,  the  widow 
of  P.  C,  has  commenced  proceedings  for  the  admeasurement  of  dower,  and 
praying  that  a  guardian  may  be  appointed  to  take  care  of  the  interest  of  the 
said  G.  C,  in  the  premises  sought  to  be  admeasured :     On  motion  of  E.  C,  of 


208  THE  CLERK'S  ASSISTANT. 

counsel  for  said  petitioner.  Ordered  that  H.  M.,  a  freeholder  of  said  county, 
be  and  he  hereby  is  appointed  guardian  of  the  said  G.  C,  for  the  sole  purpose 
of  appearing  for  and  taking  care  of  the  interest  of  said  infant  in  the  proceed- 
ings. 

R.  B.,   Clerk. 


NTo.     10. 

ORDER   THAT   DOWER   BE   ADMEASURED   AND   COMMISSIONERS  APPOINTED. 

At,  &c.  (as  in  No.  9.) 

On  reading  and  filing  the  petition  of  L.  C,  widow  of  P.  C,  late  of  the  town 
of  Bethlehem  in  the  said  county,  with  proof  of  service  of  a  copy  of  the  same 
on  all  parties  interested  in  the  premises  described  therein,  and  proof  of  service 
of  notice  of  this  motion ;  on  motion  of  B.  G.,  attorney  for  said  L.  C,  and 
after  hearing  H.  M.,  guardian  of  G.  C, 

Ordered,  that  admeasurement  be  made  of  the  dower  of  the  said  L.  C,  in 
the  lands  of  her  husband  the  said  P.  C,  deceased,  specified  and  described  in 
said  petition  as  follows:  (description.) 

And  it  is  further  ordered  that  R.  0.,  J.  L.  and  O.  R.  of  the  town  of  Beth- 
lehem, county  of  Albany,  three  reputable  and  disinterested  freeholders,  be  and 
they  are  hereby  appointed  commissioners,  for  the  purpose  of  making  such 
admeasurement,  and  that  they  report  their  proceedings  herein  to  this  court. 

R.  B.,   Clerk 


No.   11. 

OATH   or   COMMISSIONERS. 

Albany  City  and  County,  ss.  We,  R.  0.,  J.  L.  and  0,  R.,  commissioners 
appointed  by  the  Supreme  {or  Albany  County,  or  Albany  Surrogate's)  Court, 
to  make  admeasurement  of  the  dower  of  L.  C.,  in  the  premises  described  in 
the  order  of  said  court  by  which  we  are  appointed  commissioners,  each  being 
duly  sworn,  doth  depose  and  severally  say  that  he  will  faithfully,  honestly  and 
impartially  discharge  the  duty  and  execute  the  trusts  reposed  in  him  by  such 
appointment. 

R.  0. 

J.  L. 
Severally  subscribed  and  swom,  &c.  0.  R. 


No.  12. 

REPORT   OF   COMMISSIONERS. 

To  the  Albany  County  Court  (or  Supreme  Court  of  the  State  of  New  York, 
or  Albany  Surrogate's  Court) : 
The  undersigned  R.  0.,  J.  L.  and  0.  R.,  commissioners  appinted  by  an  order 
of  the  Supreme  (or  other)  Court,  dated  January  10th,  1800,  to  make  admea- 
surement of  the  dower  of  L.  C,  widow  of  P.  C,  late  of  said  county,  deceased, 
in  the  lands  and  premises  described  in  said  order,  do  respectfully  report,  that 
they  have  been  attended  by  the  said  A.  C,  B.  C,  L.  C.  and  H.  M.,  guardian 
of  G.  C,  an  infant,  they  have  caused  a  survey  of  the  said  lands  and  premises 
to  be  made,  in  the  presence  of  the  said  parties,  a  map  of  which  survey  is 
hereunto  annexed. 


DOWER.  209 

And  we  further  report,  that  we  have  allotted  and  admeasured  to  the  said 
L.  C.  as  and  for  her  dower  in  the  said  lands  and  premises,  the  one-third  part 
thereof,  which  part  so  allotted  for  dower  is  bounded  and  described  as  follows 
(insert  the  description  of  so  much  as  is  allotted  to  the  widow),  which  said  lot 
is  described  on  the  annexed  map  and  enclosed  by  red  lines. 

We  do  further  repoit  that  the  following  are  the  charges  attending  said  ad- 
measurement. 

Two  days'  services  for  each  commissioner  at  $2  per  day  for  each,  $12  00 

Surveyor's  fees  two  days  at  $5  per  day, 10  00 

Two  chain  and  flag  bearers  one  day  each, 2  00 


All  of  which  is  respectfully  submitted. 


$24  00 


E.  0., 
J.  L.. 


0.  R, 
January  20th,  ISGO.  Covimissioners. 


No   13. 

NOTICE    TO   CONFIRM   REPORT   OF   COMMISSIONERS. 

Take  notice,  that  a  motion  will  be  made  at  the  next  special  term  of  the 
Supreme  Court  (or  next  term  of  the  Albany  County  Court)  to  be  held  at  the 
city  hall  in  the  city  of  Albany  on  the ....  day  of ,  1860,  at  the  open- 
ing of  court  on  that  day^  or  as  soon  thereafter  as  counsel  can  be  heard  for 
an  order  confirming  the  report  of  the  commissioners  appointed  to  make  ad- 
measurement of  the  dower  of  L.  C,  in  the  premises  mentioned  and  described 
in  the  order  appointing  said  commissioners ;  and  for  such  other  or  further 
order  as  to  the  court  may  seem  meet,  which  motion  will  be  founded  upon  the 
report  of  said  commissioners  a  copy  of  which  is  herewith  served. 

A.  M.,  Attorney  for  L.  C. 

To  A.  C,  B.  C.  and  H.  M.,  Guardian. 


ICo.    14. 

ORDER   CONFIRMING   COMMISSIONERS'    REPORT. 

(At,  &c.  (as  in  No.  9.) 

On  reading  and  filing  the  reports  of  R.  0.,  J.  L.  and  0.  R.,  commissioners 
appointed  to  admeasure  the  dower  of  L.  C.,  in  the  above  entitled  matter, 
which  report  bears  date  January  20th,  18G0,  by  which  it  appears  that  the 
commissioners  have  admeasured  and  allotted  to  the  said  L.  C,  for  her  dower 
in  the  premises  of  which  her  said  husband  died  seised ;  and  which  said  premi- 
ses so  admeasured  and  allotted  to  the  said  L.  C.  are  bounded  and  described  as 
follows :  (Insert  the  description  of  the  premises  assigned  as  dower.)  Now, 
on  motion  of  A.  M.,  of  counsel  for  said  L.  C,  and  after  hearing  H.  M.,  of 
guardian  for  said  G.  C,  it  is 

Ordered,  that  the  said  report  and  admeasurement  be  and  the  same  is  in  all 
respects  confirmed 


27 


210  THE  CLERK'S  ASSISTANT. 

N'o.  15. 

NOTICE    OF   APPEAL. 

SUPREME  COURT  (or  ALBANY  COUNTY  COURT). 


H.  M.,  Guardian  and  Appellant) 

agt. 

L.  C,  Respondent. 


Take  notice,  that  I  appeal  from  the  order  of  the  Supreme  (or  County,  or 
Surrogate's)  Court,  confirming  the  report  of  the  commissioners  admeasuring 
and  allotting  dower  to  the  said  L.  C,  which  said  order  bears  date  the  30th 
day  of  January,  1860. 

Yours,  &c., 

H.  M.,  Ghictrdian,  &c. 
ToL.  C,  A.  C,  &c.,  January  31,  1859. 


No.  16. 

BOND   ON   APPEAL. 

Know  all  men  by  these  presents :  That  we,  H;  M.,  N.  0.  and  P.  R.,  mer- 
chants of  the  city  of  Albany,  are  firmly  bound  unto  L.  C.  of  the  same  place, 
m  the  sum  of  $250,  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
L.  C,  her  executors,  administrators  or  assigns ;  for  which  payment  well  ana 
truly  to  be  made,  we  bind  ourselves  and  each  of  our  heirs,  executors  and 
administrators,  firmly  by  these  presents. 

Sealed  with  our  seal:  Dated  the  31st  day  of  January,  1860. 

The  condition  of  this  obligation  is  such,  that  if  the  said  H.  M.  shall  dili- 
gently prosecute  a  certain  appeal  from  an  order  entered  in  the  Supreme  {or 
Albany  County,  or  Surrogate's)  Court  on  the  20th  of  January,  1860,  confirm- 
ing the  report  of  the  commissioners,  R.  0.,  J.  L.  and  0.  R.,  allotting  dower, 
and  shall  pay  all  cost  which  may  be  adjudged  by  said  Supreme  Court  to  be 
paid  by  the  said  H.  M.  on  such  appeal,  then  this  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 

H.  M.  [l.  S.J 

N.   0.  [l.  S.J 
P.    R.  [l.  S.J 


CHAP'TEK  XYII. 

EXCISE. 

Section  1.  There  shall  be  a  Board  of  Commissioners  of  Excise 
in  each  of  the  cities,  incorporated  villages  and  towns  of  this  State. 
Such  Boards  in  cities  shall  be  composed  of  three  members,  who 
shall  be  appointed  as  hereinafter  provided.  In  incorporated  vil- 
lages they  shall  consist  of  three  members  of  the  Board  of  Trus- 
tees, one  of  whom  shall  be  president,  to  be  annually  designated 
by  such  Board  of  Trustees ;  and  in  towns  they  shall  consist  of  the 
Supervisors  and  Justices  of  the  Peace  thereof,  for  the  time  being, 
respectively.  Any  three  members  shall  be  competent  to  execute 
the  powers  vested  in  any  Town  Board,  and  in  case  the  office  of 
Supervisor  be  vacant,  or  there  be  not  two  Justices  in  the  town, 
then  the  Town  Clerk  shall  act  in  their  places  respectively. 

§  2.  The  Mayor  of  each  of  the  cities,  except  in  the  cities  of 
New  York  and  Brooklyn,  shall  appoint  the  Commissioners  of 
Excise  in  their  respective  cities,  within  ten  days  after  the  passage 
of  this  act ;  but  in  the  cities  of  ISTew  York  and  Brooklyn  the 
Mayor  shall  nominate  three  good  and  responsible  citizens  to  the 
Board  of  Aldermen  of  such  cities  respectively,  who  shall  confirm 
or  reject  such  nominations.  Commissioners  of  Excise  in  cities 
shall  hold  their  offices  for  three  years,  and  until  others  shall  be 
appointed  in  their  places,  and  shall  receive  a  salary  not  to  exceed 
twenty-five  hundred  dollars  a  year  each,  to  be  fixed  by  the  Mayor 
and  Common  Council  of  their  respective  cities,  and  shall  be  paid 
as  other  city  officers  are  paid.  On  the  first  Monday  of  April,  m 
every  third-  year  hereafter,  the  Mayor  and  Board  of  Aldermen 
shall  proceed  to  appoint,  in  the  manner  above  described,  persons 
qualified  as  aforesaid  to  be  such  Commissioners  of  Excise  in  their 
respective  cities  for  the  next  three  years,  commencing  on  the  first 
day  of  May  in  that  year,  and  shall,  from  time  to  time,  as  often  as 
vacancies  shall  occur,  appoint  persons  qualified  as  aforesaid  to  fill 
the  unexpired  term  of  any  Commissioners  who  shall  die,  resign, 
remove  from  the  city  or  be  removed  from  office.  Such  Commis- 
sioners of  Excise  in  cities  shall  be  removed  for  any  neglect  or 
malfeasance  in  office,  in  the  same  manner  as  provided  by  law  for 
the  removal  of  Sherift's. 

§  3.  The  Connnissioners  of  Excise  shall  meet  in  their  respective 
cities,  villages  and  towns  on  the  first  Monday  of  May  in  each  year, 
and  on  such  other  days  as  a  majority  of  the  Commissioners  shall 
ap]3oint,  not  exceeding  once  each  month  in  any  year,  in  any  town 
or  village,  for  the  purpose  of  granting  licenses  as  provided  by  law. 
In  cities  they  shall  meet  on  the  first  Monday  of  each  month,  and 
as  often  as  they  shall  deem  necessary.  All  such  licenses  shall 
expire  at  the  end  of  one  year  from  the  time  they  shall  be  granted. 


212  THE  CLERK'S  ASSISTANT. 

8  4.  The  Board  of  Excise  in  cities,  towns  and  villao-es  shall 
have  power  to  grant  hcenses  to  any  person  or  persons  of  good 
moral  character,  who  shall  be  approVed  by  them,  permitting  him 
and  them  to  sell  and  dispose  of,  at  any  one  named  place  within 
snch  city,  town  or  village,  strong  and  spirituous  liquors,  wines, 
ale  and  beer,  in  quantities  less  than  five  gallons  at  a  time,  upon 
receiving  a  license  fee,  to  l?e  fixed  in  their  discretion,  and  which 
shall  not  be  less  than  thirty  nor  more  than  one  hundred  and  fifty 
dollars.  Such  licenses  shall  only  be  granted  on  written  applica- 
tion to  the  said  board,  signed  by  the  applicant  or  applicants,  speci- 
fying the  place  for  which  license  is  asked,  and  the  name  or  names 
of  the  applicant  or  applicants,  and  of  every  person  interested  or 
to  be  interested  in  the  business  to  authorize  which  the  license 
shall  be  used.  Persons  not  licensed  may  keep  and,  in  quantities 
not  less  than  five  gallons  at  a  time,  sell  and  dispose  of  strong  and 
spirituous  liquors,  wines,  ale  and  beer,  provided  that  no  part 
thereof  shall  be  di-unk  or  used  in  the  building,  gai-den  or  inclosure 
communicating  with,  or  in  any  public  street  or  place  contiguous 
to,  the  building  in  which  the  same  be  so  kept,  disposed  of  or  sold. 

§  5.  Licenses  granted,  as  in  this  act  provided,  shall  not  author- 
ize any  person  or  persons  to  expose  for  sale,  or  sell,  give  away  or 
dispose  of,  any  strong  or  spirituous  liquors,  wines,  ale  or  beer,  on 
any  day,  between  the  hours  of  one  and  five  o'clock  in  the  morn- 
ing ;  and  all  places  licensed  as  aforesaid  shall  be  closed  and  kept 
closed  between  the  hours  aforesaid. 

§  7.  In  no  town  or  village  shall  the  Commissioners  of  Excise 
created  hj  this  act  appoint  a  Clerk  of  the  Board  of  Excise.  The 
pay  of  Commissioners  of  Excise  in  towns  or  villages  shall- be 
three  dollars  per  diem.  The  moneys  arising  from  licenses  in  any 
town  or  village  shall  be  deposited  with  the  County  Treasurer 
within  thirty  days  after  receiWng  the  same,  to  be  expended  under 
the  direction  of  the  Board  of  Supervisors,  at  their  next  annual 
meeting,  for  the  support  of  the  poor  of  such  town.  Moneys 
arising  from  licenses  in  cities  shall  be  paid  into  the  treasuries  of 
such  cities  respectively.  The  book  of  minutes  kept  by  the  Com- 
missioners of  Excise  in  any  town  or  village,  except  when  in  use 
by  such  Commissioners,  shall  be  deposited  in  the  Clerk's  oflice  of 
such  town  or  village.  The  expenses  of  procuring  necessary  books 
for  minutes,  and  necessary  blanks,  in  any  town  or  village,  when 
actually  incurred,  shall  be  audited  and  paid  in  like  manner  as 
other  town  or  village  charges. 

§  8.  The  provisions  of  this  act,  as  to  the  appointment  of  Com- 
missioners of  Excise  in  each  of  the  cities  of  this  State,  their  tenure 
of  olfiee,  the  supplying  of  vacancies  and  their  removal  from  office, 
slial'l  not  extend  to  the  territory  included  in  the  Niagara  frontier 
police  district  until  the  first  day  of  January,  in  tlie  year  one  thou- 
sand eight  hundred  and  seventy-two.  And  at  all  times  hereafter, 
up  to  the  last-mentioned  day,  the  Board  of  Police  Commissioners 


EXCISE.  213 

of  the  said  police  district  shall  continue  to  be  the  Board  of  Com- 
missioners of  Excise  in  and  for  said  district  and  the  territory  em- 
braced therein,  as  now  provided  by  law,  subject  to  the  provisions 
of  this  act ;  and  up  to  the  time  aforesaid,  all  fees  for  licenses 
■  which  shall  be  issued  by  the  said  Board,  and  all  lines  and  penal- 
ties herein  provided  for,  sliall  be  received  by  said  Board  of  Police 
Commissioners  of  said  Niagara  frontier  police  district,  and  shall 
be  paid  into  the  Niagara  police  fund,  for  the  use  and  benelit 
thereof,  as  now  provided  by  law.     {Laws  of  1870,  chap.  175.) 

The  applicant  is  to  deliver  to  the  Board  of  Commissioners  a 
bond  to  the  people  of  the  State  of  New  York,  in  the  penal  sum 
of  two  hundred  and  fifty  dollars,  with  sufficient  sureties,  who 
shall  duly  justify  in  the  sum  of  five  hundred  dollars,  to  be  ap- 
proved by  the  Commissioners,  conditioned  that  such  applicant 
shall  comply  with  the  provisions  of  the  statute.  Every  keeper 
of  an  inn  or  tavern,  in  the  towns  or  villages,  shall  keep  in  his 
house  at  least  three  spare  beds  for  his  guests,  with  good  and  suf- 
ficient bedding,  and  shall  provide  good  and  sufficient  stabling, 
provender,  t%c.,  for  four  horses  or  other  cattle,  for  the  accommo- 
dation of  travelers.  The  innkeeper  in  cities  shall  keep  three 
spare  beds  and  bedding  for  the  accommodation  of  travelers. 

In  all  licenses  tliat  may  be  granted  (except  to  inn,  tavern  or 
hotel  keepers)  to  sell  strong  or  spirituous  liquors  or  wines  in  quan- 
tities less  than  five  gallons,  there  shall  be  inserted  an  express 
declaration  tliat  such  license  shall  not  be  deemed  to  authorize  the 
sale  of  any  strong  or  spirituous  liquor  or  wine,  to  be  drank  in  the 
house  or  shop  of  the  person  receiving  such  license,  or  in  any  out- 
house, yard  or  garden  appertaining  thereto  or  connected  therewith. 
Such  licenses  are  not  to  be  granted  unless  the  Commissioners  are 
satisfied  that  the  applicant  is  of  good  moral  character,  nor  until 
such  applicant  shall  have  executed  a  bond,  in  the  penal  sum  of 
five  hundred  dollars,  that  the  sale  sliall  be  conducted  in  accordance 
with  the  provisions  of  the  statute. 

Whoever  shall  sell  without  a  license  shall  forfeit  fifty  dollars, 
and  such  persons  as  hold  a  store  keeper's'  license  only,  and  sell 
liquor  to  be  drank  on  the  premises,  shall  forfeit  fifty  dollars;  and 
whenever  any  person  having  a  license  shall  sell  to  an  apprentice, 
or  minor  under  eighteen  years  of  age,  he  shall  forfeit  ten  dollars, 
and  if  he  shall  sell  to  an  Indian,  he  sliall  be  liable  to  a  tine  of 
twenty-five  dollars. 

Magistrates  may  give  notice  to  dealers,  forbidding  them  to  sell 
to  habitual  drunkards,  and  it  is  unlawful  to  sell  to  any  habitual 
drunkard,  Mdienever  a  parent,  guardian,  husband  or  wife  has  noti- 
fied such  dealer  not  to  sell  intoxicating  liquors  to  such  drunkard. 
Licensed  persons,  selling  in  violation  of  the  law,  may  have  their 
license  revoked,  and  are  liable  to  fine  and  imprisonment,  without 
being  entitled  to  the  usual  jail  liberties. 


FORMS. 


IVo.  1. 

APPLICATION  FOR  LICENSE. 

To  the  Board  of  Commissioners  of  Excise  of  the  City  of  Albany 

The  undersigned,  respectfully  represent  that  A.  B.  is  desirous  to  sell  and  dis- 
pose of  strong  and  spirituous  liquors,  wines,  ale  and  beer,  in  quantities  less 
than  five  gallons  at  a  time,  to  be  drank  on  the  premises,  at  No.  140  State 
street,  in  the  sixth  ward  of  the  city  of  Albany,  proposing  to  keep  an  inn, 
tavern  or  hotel  thereat,  and  to  that  end  they  present  to  your  honorable  body 
the  petition  of  twenty  freeholders,  as  required  by  law,  and  pray  on  their  own 
behalf,  as  the  only  persons  intended  to  be  interested  in  the  business  aforesaid, 
that  he  may  have  a  hcense  as  above  stated  pursuant  to  law,  upon  paying 
such  license  fee  as  may  be  lawfully  required  in  the  premises. 

Dated  Albany,  Dec.  30,  1871. 

.  (Signed)  A.  B., 

C.  D. 
[Another  form.} 
To  the  Board  of  Commissioners  of  Excise  of  the  City  of  Albany : 

The  undersigned,  respectfully  represent  that  A.  B.  is  desirous  to  sell  and 
dispose  of  ale  and  beer,  in  quantities  less  than  five  gallons  at  a  time,  to  be 
drank  on  the  premises,  at  No.  875.  State  street,  in  the  sixteenth  ward  of  the 
city  of  Albany,  and  pray  on  his  own  behalf,  as  the  only  person  intended  to 
be  interested  in  the  business  aforesaid,  that  he  may  have  a  license  as  above 
stated,  pursuant  to  law,  upon  paying  such  license  fee  as  may  be  lawfully 
required  in  the  premises. 

Dated  Albanv,  Dec.  30,  1871. 

(Signed)  A.  B., 

CD. 


]Vo.  3. 

PETITION    OF    FREEHOLDERS    FOR   A    TAVERN    LICENSE. 

To  the  Board  of  Commissioners  of  Excise  in  and  for  the  County  of  Rensselaer: 
The  undersigned,  freeholders  of  this  State,  and  residents  of  Election  District 
No.  3  in  said  county,  would  respectfully  represent  to  your  honorable  body  that 
E.  M.,  who  resides  in  said  election  district,  is  a  person  of  good  moral  charac- 
ter, that  he  has  sufficient  ability  to  keep  an  inn,  tavern  or  hotel,  and  the  nec- 
essary accommodations  to  entertain  travelers,  and  that  an  inn,  tavern  or  hotel 
is  required  for  the  actual  accommodation  of  travelers,  at  the  place  where  such 
applicant  resides  or  proposes  to  keep  the  same.  And  your  petitioners  ask  your 
honorable  body  to  give  said  applicant  a  license  to  sell  strong  and  spirituous 
liquors  and  wines  therein  under  the  act  entitled  "An  act  to  suppress  intem- 
perance and  to  regulate  the  sale  of  intoxicating  Uquors,"  passed  April  IGth, 
1857.    Nassau,  May  10th,  1859. 

N.  P.,  &c. 

Signed  in  presence  of 

M.  M. 


EXCISE.  215 

IVo.    3. 

PROOF   OF   SIGNATURES   BY   A   SUBSCRIBING   WITNESS. 

County  of  Rensselaer,  ss.  ^I.  M.,  being  duly  sworn  says,  that  lie  is  a  resi- 
dent of  the  town  of  Nassau  in  the  third  election  district  of  said  county ;  that 
he  is  well  acquainted  with  N.  P.,  &c.,  signers  to  the  above  petition,  that  he 
saw  them  severally  sign  the  same,  and  that  thereupon  he  became  the  sub- 
scribing witness  thereto. 


Sworn,  &c. 


M.  M. 


ISo.    4. 

INN,  TAVERN  OR  HOTEL   KEEPER'S   LICENSE. 

The  undersigned,  the  Commissioners  of  Excise  in  and  for  the  county  of 
.Rensselaer,  in  board  duly  organized,  being  satisfied  that  E.  M.,  who  is  a  resi- 
dent of  the  town  of  Nassau  in  said  county,  and  who  has  apphed  to  said  board 
for  a  license  to  sell  strong  and  spirituous  hquors,  and  Avines,  as  an  inn,  tavern 
or  hotel  keeper,  under  the  act,  entitled  "  An  act  to  suppress  intemperance,  and 
to  regulate  the  sale  of  intoxicating  liquors,"  passed  April  16th,  1857,  is  of 
good  moral  character,  that  he  has  sufficient  ability  to  keep  an  inn,  tavern  or 
hotel,  and  the  necessary  accommodations  to  entertain  travelers,  and  that  an 
inn,  tavern  or  hotel  is  required  for  the  actual  accommodation  of  travelers  at 
the  place  where  he  resides,  and  proposes  to  keep  the  same,  do  hereby  license 
him  to  sell  strong  and  spirituous  liquors,  and  wines,  to  be  drank  in  his  house  in 
said  town,  where  he  proposes  to  keep  an  inn,  tavern  or  hotel,  as  aforesaid, 
until  ten  days  after  the  thii-d  Tuesday  in  May  next,  and  no  longer.  (If  in  the 
city  of  New  York  "  until  fifty  days  after  the  third  Tuesday  in  May  next,  and 
no  longer.") 

Given  under  our  hands  at  the  city  of  Troy  in  said  county  the  24th  day  of 
May,  1859. 

N.  B., 

G.  R., 

Q.  P., 
Board  of  Commissioners  of  Excise. 


INNKEEPERS   BOND. 

Know  all  men  by  these  presents,  that  we,  E.  M.,  R.  0.  and  S.  T.  of  the 
town  of  Nassau  in  the  county  of  Rensselaer,  are  held  and  firmly  bound  unto 
the  People  of  the  State  of  New  York,  in  the  penal  sum  of  S250,  for  which 
payment,  we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  the  21st  day  of  May,  1859. 

The  condition  of  this  obligation  is  such,  that  whereas  the  said  E.  M.,  has 
made  application  to  the  Board  of  Commissioners  of  Excise  of  said  county  for 
a  license  to  sell  strong  and  spirituous  liquors  and  wines,  during  the  ensuing 
year,  to  be  drank  in  the  inn,  tavern  or  hotel,  which  he  proposes  to  keep  in 
the  house  occupied  by  him,  in  said  town,  under  and  by  virtue  of  "An  Act  to 
suppress  intemperance,  and  to  regulate  the  sale  of  intoxicating  Uquors,"  passed 


216  THE  CLERK'S  ASSISTANT. 

April  16th,  1857.  J^ow  therefore,  if  the  said  E.  M.,  during  the  time  he  shall  keep 
an  inn,  tavern  or  hotel,  shall  not  suffer  it  to  be  disorderly,  or  suffer  any  gambling 
or  keep  a  gaming  table  of  any  description,  within  the  inn,  tavern  or  hotel,  so 
kept  by  him,  or  in  any  outhouse,  yard  or  garden  belonging  thereto,  then  this 
obligation  to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

E.  M.  [l-  s.] 
R.  0.  [h.  8.] 
S.  T.    [l.  S.J 


jso.  e. 

ACKNOWLEDGMENT    OF    BOND. 

Rensselaer  County,  City  of  Ti-oy,  ss.  On  the  23d  day  of  ^lay,  1860,  before 
me  severally  came  the  above  named  E.  M.,  E.  0.  and  S.  T.,  to  me  known  to 
be  the  persons  described  in  and  who  executed  the  foregoing  instrument  and 
severally  acknowledged  the  execution  thereof 

M.  A., 
Commissioner  of  Deeds. 


JNo.    T. 

JUSTIFICATION   OF   SURETIES. 

City  of  Troy,  ss.  We,  the  undersigned  E.  0.  and  S.  T.,  the  sureties  named 
in  the  foregoing  bond  being  each  duly  sworn  for  himself  doth  depose  and 
Bay,  that  he  is  worth  the  sum  of  $500  over  and  above  all  debts,  demands,  lia- 
bflities,  or  property  exempt  from  execution. 

R  0. 

Sworn,  &c.  S.    T. 


IS^o.    8. 

APPROVAL    OF    BOND. 

Rensselaer  County,  ss.  We,  the  undersigned,  forming  the  Board  of  Com- 
missioners of  Excise  in  and  for  said  county,  do  hereby  approve  of  the  within 
bond  as  to  the  form  of  the  same  and  the  sufficiency  of  the  sureties. 

Dated  May  3,  1859.  N.  B., 

S.   E., 

Q.  P., 

Board  of  Commissioners  of  Excise. 


3yo.    9. 

storekeeper's  license. 


The  undersigned,  forming  the  Board  of  Commissioners  of  Excise  in  and  for 
the  county  of  Eensselaer,  being  satisfied  that  M.  E.  of  the  town  of  Creen- 
bush  in  said  county  is  of  good  moral  character,  do  hereby  license  him  to  sell 
strong  and  spirituous  liquors  and  wines,  in  quantities  less  than  five  gallons, 
until  ten  days  after  the  third  Tuesday  of  May  next  and  no  longer.      And  it 


EXCISE.  217 

is  hereby  declared  expressly  that  this  license  shall  not  be  deemed  to  authorize 
the  sale  of  any  stron,2^  or  spirituous  liquor  or  wine,  to  be  drank  in  the  house 
or  shop  of  the  said  E.  M.,  or  in  any  outhouse,  yard  or  garden,  appertaining 
thereto  or  connected  therewith. 

Witness  our  hands  at  the  city  of  Troy,  the  23d  day  of  May,  1859. 
(Signed  by  the  Board.) 


IVo.    xo. 

storekeeper's  bond. 

Know  all  men  by  these  presents,  that  we,  M.  E.,  C.  C,  and  D.  D.,  of  the 
town  of  Greenbush,  in  the  county  of  Albany,  are  held  and  firmly  bound  unto 
the  People  of  the  State  of  New  York,  in  the  sum  of  $500,  for  which  pay- 
ment we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.  Sealed  with  our  seals,  this  22d  day  of 
May,  1860. 

The  condition  of  this  obligation  is  such,  that  whereas  the  said  M.  E.  has 
applied,  or  is  about  to  apply  to  the  Board  of  Commissioners  of  Excise  of  said 
county,  for  a  license  to  sell  strong  and  spirituous  liquors  and  wines  in  quanti- 
ties less  than  five  gallons,  as  a  storekeeper,  during  the  ensuing  year,  under  the 
act  .entitled  "  An  Act  to  suppress  intemperance,  and  to  regulate  the  sale  of 
intoxicating  liquors,"  passed  April  16,  1857.  Now,  therefore,  the  condition 
of  this  obligation  is  such,  that  if  the  said  M.  E.  during  the  term  for  which  his 
license  shall  be  granted  will  not  suffer  his  place  ot  business  to  become  dis- 
orderly, and  that  he  will  not  sell,  or  suffer  to  be  sold,  any  strong  or  spirituous 
Uquors  or  wines  to  be  drank  in  his  shop  or  house,  or'  in  any  outhouse,  yard. 
or  garden  appertaining  thereto,  and  that  he  will  not  suffer  any  such  liquor 
sold  by  virtue  of  such  license,  to  be  drank  in  his  shop  or  house,"or  in  any  out- 
house, yard  or  garden  belonging  thereto,  then  this  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 

M.  E.  [l.  s.] 

C.  C.  [l.  s.] 

D.  D.  [L.  S.J 
{Add  acknowledgment,  justification  and  approval,  as  in  N'os.  6,  7  and  8.) 


IS"o.  XI. 

FORM  OF  BOOK  OF  MINUTES  OF  THE  BOARD. 

At  a  meeting  of  the  Board  of  Commissioners  of  Excise,  in  and  for  the 
county  of  Rensselaer,  held  at  the  court  house  in  the  city  of  Troy,  in  said 
county,  on  the  17  th  day  of  May,  1859. 

Present — Messrs.  N.  B.,  S.  R.,  and  Q.  P.,  Commissioners. 

The  County  Clerk  administered  to  each  of  said  Conunissioners  the  oath  pre- 
scribed by  the  Constitution. 

On  motion  of  N.  B.,  Esq.,  S.  R.,  Esq.,  was  appointed  Clmiiinan  of  said 
Board;  and  on  motion  of  Mr.  Q.  P.,  C.  K.  was  appointed  the  Clerk  of  said 
Board. 

Mr.  B.  presented  the  applications  for  licenses  as  inn,  tavern  or  hotel  keep- 
ers, from  the  following  persons,  in  each  case  supported  by  the  requisite  num- 
ber of  freeholders,  viz. : 

L.  M.,  of  Greenbush,  P.  0.,  of  Nassau. 
28 


218 


THE  CLERK'S  ASSISTANT. 


Mr.  Pt.  presented  the  applications  for  licenses  as  storekeepers  to  sell  strong 
and  spirituous  liquors  and  wines,  in  quantities  less  than  five  gallons,  from  the 
following  named  persons,  viz. : 

B.  B.,  of  East  Greenbush,  and  P.  P.,  of  Lansingburgh. 

On  motion  adjourned  to  the  18th  inst.,  at  10  a.  m. 

Wednesday,  May  l6,  1859. 

Board  met  pursuant  to  adjournment. 

All  the  members  present. 

On  motion  of  Mr.  B., 

Resolved,  That  a  storekeeper's  license  be  granted  to  B.  B.,  of  East  Green- 
bush,  and  that  the  license  fee  for  the  same  be  and  the  same  is  hereby  fixed 
at  §35. 

Mr.  P.  offered  the  following: 

Resolved,  That  an  innkeeper's  license  be  granted  to  P.  0.,  of  Nassau,  and 
that  the  license  fee  for  the  same  be  fixed  at  §65. 

Which  resolution  was  adopted. 

The  bond  of  the  said  P.  0.  having  been  presented,  was  examined  and  ap- 
proved, the  sureties  to  the  same  being  L.  R.  and  R.  L. 

On  motion,  the  Board  adjourned  without  day. 

C.  K.,   Clerk 


No.    X3. 

TRANSCRIPT   OF   MINUTES   TO   BE   FILED   IN   THE   OFFICE   OF   TOWN   CLERK. 

At  a  meeting  of  the  Board  of  Commissioners  of  Excise,  held  in  the  court 
house  in  the  city  of  Troy,  in  and  for  the  county  of  Rensselaer,  on  the  24th 
day  of  May,  1859,  the  following  named  persons  residing  in  the  town  of  Nas- 
sau in  said  county,  intending  to  keep  an  inn,  tavern  or  hotel  in  said  town,  were 
licensed  to  sell  strong  and  spirituous  liquors  and  wines  therein  for  the  ensuing 
year,  for  the  sum  set  opposite  their  names  respectively,  viz. : 

B.  0., $55  00 

N.  S., 55  00 

And  at  a  meeting  of  said  Board  duly  organized  at  the  place  aforesaid  on  the 
25th  of  May,  1859,  the  following  named  persons  being  store  keepers,  were 
licensed  to  sell  strong  and  spirituous  liquors  and  wines,  in  quantities  less  than 
five  gallons,  but  not  to  be  drank  at  their  respective  places  of  business,  viz. : 

M.  K, $30  00 

K  S., 30  00 

A  copy  firom  the  minutes. 

K  B., 
S.   R., 

Q.  P., 

Commissioners  of  Excise, 


CHAPTER  XVIII. 

FEES  OF   OFFICERS. 

All  public  officers  are  entitled  to  compensation  for  their  servi- 
ces, which  they  receive  either  in  salaries  or  fees.  Certain  salaried 
officers  collect  fees  for  the  services  rendered  by  them,  which  by 
them  are  paid  to  the  State  or  the  county.  Witnesses  subpoenaed 
in  civil  actions  are  entitled  to  fees  proportioned  to  the  number  of 
days  expended  and  the  distance  traveled.  The  enforcing  the 
collection  of  illegal  fees  by  a  public  officer  is  a  misdemeanor. 
And  if  a  greater  amount  of  fees  or  costs  are  paid  or  collected  than 
the  law  allows,  the  excess  of  fees  or  costs  so  improperly  paid^ 
may  be  recovered  back. 

'No  fee  or  compensation  allowed  by  law  shall  be  demanded  or 
received  by  any  officer  or  other  person,  for  any  service,  unless 
such  service  was  actually  rendered  by  him,  except  in  the  case  of 
charges  for  prospective  costs  specified  in  the  statute. 

No  fee  shall  be  charged  by  any  officer  for  administering  the 
oath  of  office  to  any  member  of  the  Legislature,  to  any  military- 
officer,  to  atiy  inspector  of  elections  or  to  any  town  officer,  and 
no  more  than  twelve  and  a  half  cents  shall  be  charged  for  admin- 
istering such  oath  to  any  other  officer. 

Upon  the  settlement  of  an  execution  by  a  defendant,  or  upon 
settling  any  suit  or  demand,  the  sheriff  or  attroney  claiming  any 
fees  which  shall  not  have  been  taxed,  shall,  upon  being  i-equired 
by  the  rlefendant,  and  on  his  paying  the  expense  thereof,  have 
his  fees  taxed  by  some  proper  officer  of  the  court  in  which  the 
action  may  be  pending,  or  from  which,  the  execution  shall  have 
been  issued :  and  unless  so  taxed  such  fees  are  not  collectable. 
But  a  sheriff  or  constable  is  not  entitled  to  his  poundage  upon  an 
execution  unless  he  make  a  levy,  or  take  the  body  of  the  defend' 
ant,  except  in  cases  where  he  is  prevented  by  the  act  of  the  plain- 
tiff or  the  operation  of  law.     Nor  can  he  charge  mileage  beyond 


220 


THE  CLERK'S  ASSISTANT 


the  actual  travel  where  there  are  several  defendants  in  one  pro- 
cess, who  reside  at  the  same  place. 

All  clerks  and  registers  of  counties  claiming  any  fees  by  vir- 
tue of  their  respective  offices,  shall,  upon  being  required  in  writ- 
ing by  the  party  liable  to  pay  the  same,  his  agent  or  attorney, 
and  on  the  payment  of  the  expense  thereof,  have  their  fees  taxed 
by  some  officer  authorized  to  tax  costs  in  the  Supreme  Court,  and 
either  party  may  appeal  from  such  taxation  to  the  Supreme  Court. 
No  clerk  or  register  shall  collect  any  fees,  after  having  been 
required  as  aforesaid,  to  have  the  same  taxed,  without  such  taxa- 
tion having  been  made. 

Witnesses  not  attending  in  obedience  to  subpoenas  served  on 
them  are  not  entitled  to  their  fees,  and  if  they  receive  their  fees 
and  do  not  attend  in  obedience  to  the  subpoena,  such  fees  may 
be  recovered  back. 

arbitrators'  fees. 

The  statute  makes  no  provision  for  the  fees  on  an  arbitration,  and  the 
amount  should  be  named  in  the  bond  of  submission ;  it  not  so  named  they 
may  witlihold  the  award  until  a  reasonable  compensation  is  paid  them  for  each 
day  necessarily  spent  in  the  business  of  the  arbitration.  It  is  usual  to  allow 
the  same  sum  as  is  allowed  to  referees  in  courts  of  reuoru,  viz. :  three  dollars 
for  each  day  so  spent  in  the  matter  of  the  reference. 

assessors'  fees. 

$1.50  for  each  day  actually  and  necessarily  devoted  to  the  service  of  the 
town.  In  cities  the  compensation  varies,  in  some  of  them  they  receive  a 
salary.  • 


ATTORNEYS     FEES. 

In  civil  actions,  the  statute  provides  that  the  costs  shall  be  taxed  on  behalf 
of  party,  plaintiff  or  defendant,  yet  in  some  cases  the  attorney  has  a  lien  on 
them  for  his  charges  in  the  action. 

When  allowed  costs  shall  be  as  follows : 

1.  To  the  plaintiff  for  all  proceedings  before  notice  of  trial  (including  judg- 
ment when  rendered).  In  an  action  where  judgment  upon  failure  to  answer 
may  be  had  without  application  to  the  court,  Slo;  in  an  action  where  judg- 
ment can  only  be  taken  on  application  to  the  court,  §25 ;  and  $2  for  each 
additional  defendant  upon  whom  process  shall  have  been  served,  not  exceed- 
ing ten,  and  $1  for  each  necessary  defendant  in  excess  of  that  number. 

2.  To  the  defendant  for  all  proceedings  before  notice  of  trial,  .$10. 

3.  To  either  party  for  all  subsequent  proceedings  before  trial.  .§15;  attend- 
ing examination  of  a  party  before  trial,  §10;  making  and  serving  a  case,  $20; 
making  and  serving  amendments  thereto,  §10. 

4.  To  either  party  for  the  trial  of  an  issue  of  law,  $20 ;  for  every  trial  of  an 
issue  of  fact,  §30;.  and  if  trial  occupy  more  than  two  days,  §10  more. 

5.  To  either  party  on  appeal,  except  to  the  Court  of  Appeals,  and  except 
appeals  in  the  cases  mentioned  in  section  349  of  the  Code  of  Procedure, 
before  argument,  §20 ;  for  argument,  §40 ;  and  for  all  proceedings  after  grant- 
ing and  before  a  new  trial,  §25. 


FEES  OF  OFFICERS.  .221 

6.  To  either  party  on  appeal  to  the  Court  of  Appeals,  before  argument, 
!?2t» ;  for  argument,  $60;  and  -when  a  judgment  is  atHrmed  the  court  ma}',  in 
its  discretion,  also  award  damages  for  the  delay,  not  exceeding  10  per  cent 
u[)on  the  amount  of  the  judgment. 

7.  To  either  party,  for  every  circuit  or  term  not  exceeding  five  circuits,  and 
five  special  and  five  general  terms,  at  which  the  cause  is  necessarily  on  the 
calendar,  and   is  not   tried   or  postponed,  §10. 

In  addition  to  these  allowances  there  shall  be  allowed  to  the  plaintiff  upoQ 
the  recovery  of  judgment  by  him,  in  an}'  action  for  the  partition  of  real  pro- 
perty, or  for  the  foreclosure  of  a  mortgage,  or  in  which  a  warrant  of  attach- 
laent  has  been  issued,  or  for  an  adjudication  upon  a  will,  or  otlier  instrument 
in  writing,  and  in  proceedings  to  compel  the  determination  of  claims  to  real 
prv-^perty,  the  sum  of  10  per  cent  on  the  recovery,  as  in  the  statute  pi'escribed, 
for  any  amount  not  exceeding  $200 ;  an  additional  sum  of  5  per  cent  for  any 
additional  amount  not  exceeding  §400,  and  an  additional  sum  of  2  per  cent 
for  any  additional  amount  not  exceeding  $1,000;  and  in  difficult  and  extraor- 
dinary^ cases  when  a  tiial  has  been  had,  the  court  may  also  in  certain  actions, 
in  its  discretion,  make  a  further  allowance  to  any  party,  not  exceeding  5  per 
cent,  upon  the  amount  of  the  recovery  or  claim,  or  subject  matter  involved. 

Costs  in  foreclosure  of  mortgage  by  advertisement;  for  drawing  notice  ot 
sale  and  drawing  proof  of  sale,  25  cents  a  folio  for  drawing  and  12^  cents  for 
copying  each  folio  necessary  to  be  drawn  and  used  in  such  foreclosure,  and  12^ 
cents  a  folio  for  each  copy  of  notice  necessary  to  be  used;  and  $10  for  super- 
intending the  sale  and  attending  to  the  execution  of  the  papers. 

auctioneers'  commissions. 

No  higher  compensation  than  a  commission  of  2^  per  cent  on  the  amount 
of  any  sales,  public  or  private,  made  by  him  unless  by  virtue  of  a  previous 
agreement  in  writing,  between  him  and  the  owner  or  consignee  of  the  goods 
or  effects  sold. 

brokers'  fees. 

Not  more  than  50  cents  for  brokerage,  soliciting,  driving,  or  procuring  the 
loan  or  forbearance  of  $100  for  one  year,  and  in  that  proportion  for  a  greater 
or  less  sum ;  nor  more  than  38  cents  for  making  or  renewing  any  bond,  bill, 
note  or  other  security  given  for  such  loan  or  forbearance,  or  for  any  counter 
bond,  bill,  note,  or  other  security  concerning  the  same. 

CLERK  OF  the  POLLS'  FEES. 

$1.50  a  day,  for  each  day  actually  and  necessarily  devoted  to  the  purposes 
of  election. 

COUNTY    clerks'    FEES. 

For  searching  the  records  in  his  office,  or  the  records  of  mortgages  deposited 
in  his  office  by  Loan  Otficer.s  and  Commissioners  of  Loans,  or  the  dockets  of 
judgments,  for  each  j^ear  5  cents. 

For  searching  and  certifying  tlie  title  of  and  incumbrance  upon  real  estate, 
10  cents  lor  each  conveyance  and  incumbrance  certified  by  him,  provided  that 
such  fees  shall  in  no  case  amount  to  less  than  50  cents,  nor  more  than  $5. 

Recording  conveyances  of  real  estate,  and  all  other  instruments  which  by 
law  may  be  recorded,  10  cents  for  each  folio. 

Filing  every  certificate  of  the  satisfaction  of  a  mortgage,  and  entering  such 
satisfaction,  25  cents. 

Entering  a  minute  of  a  mortgage  being  foreclosed,  10  cents. 

Entering  m  a  book  the  bond  of  every  Collector,  12-^  cents. 

Searching  for  such  bond,  6  cents. 

Entering  satisfaction  thereof,  12i  cents. 


222 


THE  CLERK'S  ASSISTANT. 


Receiving  and  filing  every  paper  deposited  with  him  for  safe  keeping,  3 
cents. 

Searching  for  every  such  paper  on  request,  3  cents  for  each  paper  exa- 
mined. 

Receiving  and  fihng  the  papers  of  any  insolvent,  or  relating  to  the  proceed- 
ings against  any  absent,  concealed,  absconding  or  imprisoned  debtor,  12  ^ 
cents  in  each  case,  and  such  papers  are  not  to  be  charged  as  having  been  sepa- 
rately filed. 

Searching  for  such  papers,  6  cents  for  each  year  for  which  searches  shall  be 
made. 

For  determining  and  certifying  the  sufficiency  of  the  sureties  of  any  She- 
riff", 50  cents. 

For  every  report  upon  the  title  of  the  parties  in  partition,  pursuant  to  a 
reference  for  that  purpose,  §1. 

For  every  report  respecting  the  incumbrances  upon  the  estate  or  int€iest  of 
any  party  in  partition,  pursuant  to  a  rule  or  order  for  that  purpose,  $1. 

For  investing  the  proceeds  of  the  sale  of  any  estate,  under  proceedings  in 
partition,  pursuant  to  the  order  of  the  Court,  one-half  of  one  per  cent  upon 
any  sum  not  exceeding  $200,  and  one-quarter  of  one  pei'  cent  for  any  excess. 

For  receiving  the  interest  on  such  investments  and  paying  over  the  same  to 
the  persons  entitled,  one-half  of  one  per  cent. 

To  every  County  Clerk,  for  attendance  in  canvassing  the  votes  given  at  any 
election,  $2.  , 

For  drawing  all  necessary  certificates  of  the  result  of  such  canvass,  and 
copies  thereof,  the  same  fees  as  are  allowed  to  attornies  in  Court  of  Common 
Pleas,  for  drafts  and  copies  of  pleadings. 

For  recording  such  certificates,  the  same  fees  as  are  allowed  for  recording 
deeds. 

For  making  and  transmitting  certified  copies  of  the  returns  of  Commissioners 
of  Common  Schools,  6  cents  for  each  folio,  to  be  paid  by  the  county. 

For  giving  notice  to  the  Governor  of  persons  who  have  taken  the  oath  of 
office,  3  cents  for  each  name. 

Notifying  every  person  appointed  to  office,  25  cents,  and  all  expenses 
thereon  which  the  Comptrolier  shall  deem  reasonable. 

For  searching  for  a  bail  piece  and  annexing  it  to  the  recognizance  roll,  12^ 
cents. 

For  recording  every  certificate  of  incorporation,  authorized  by  law  to  be 
recorded,  75  cents. 

For  entering  m  the  minutes  of  the  court  a  license  to  keep  a  ferry  and  for 
a  copy  thereof^  $1. 

For  taking  and  entering  a  recognizance  from  any  person  authorized  to  keep 
a  ferry,  25  cents. 

Entering  satisfaction  of  a  judgment  when  actually  done,  12|  cents. 

For  all  the  services  upon  the  first  application  of  an  alien  for  naturalization 
papers,  20  cents;  upon  the  completion  of  the  proceedings  including  a  record 
thereof,  and  a  certified  copy  to  be  delivered  to  any  person  demanding  the 
same,  the  sum  of  50  cents. 

For  a  trial  fee  in  an  action  to  be  paid  by  the  party  bringing  it  on,  $1 ;  on 
entering  a  judgment  by  filing  a  transcript,  6  cents. 

On  entering  judgment,  50  cents,  except  in  courts  where  the  clerks  are  sala- 
ried officers  and  in  such  courts,  $1. 

He  shall  receive  no  other  fee  for  any  services  whatever  in  a  civil  action,  ex 
cept  for  copies  of  papers,  at  the  rate  of  5  cents  for  every  hundred  words. 

Filing  each  chattel  mortgage  or  copy,  6  cents;  6  cents  each  party  for  enter- 
ing; searching  for  such  papers,  6  cents  each,  and  the  same  fees  for  certified 
copies,  as  for  copies  of  records. 

Filing  and  entering  specification,  or  copy  contract,  in  the  mechanics'  and 
laborers'  lien  docket,  18  cents. 


FEES  OF  OFFICERS.  •  223 

For  an  execution  issued  under  the  Mechanics'  and  Laborers'  Lien  Law,  $1. 
For  administering  an  oath  or  affirmation,  in  cases  where  no  fee  is  specially 
provided,  and  the  certificate,  122  cents. 

CLERKS   OF    TUE    COURTS   OF    OYER   AND    TERAnNER   AND    GENERAL   SESSIONS. 

Swearing  a  witness,  6  cents.  • 

Entering  or  respiting  :\  recognizance.  12^  cents. 

Calling  and  swearing  a  jury,  19  cents. 

Entering  a  sentence  in  the  minutes  kept  by  him,  12^  cents ;  and  the  like  fee 
tor  every  certified  copy  thereof,  and  for  a  transcript  thereof  for  the  Secretary 
of  State. 

Copies  of  records,  indictments  and  other  proceedings,  the  like  fees  as  are 
allowed  in  civil  cases  for  copies  of  papers  filed  in  his  office. 

CLERK    OF    THE    BOARD    OF    SUPERVISORS. 

A  reasonable  compensation  for  his  services  to  be  fixed  by  the  Board  of  Su- 
pervisors and  paid  by  the  county,  which  in  the  county  of  Albany  shall  not  be 
greater  in  the  aggregate  than  $500,  and  in  Rensselaer  county  shall  not  be 
greater  than  §400. 

For  a  certified  copy  of  an  account  on  file  in  his  office  6  cents  a  folio,  for 
tvery  foHo  of  one  hundred  and  twenty-eight  words. 

CLERK    OF    COMMISSIONERS    OF    EXCISE. 

$3  per  day  for  services  actually  performed  while  the  Board  of  Excise  is 
ictually  in  session. 

CLERKS    OF    THE    POLL    AND    OF    THE    BOARD    OF    REGISTRY. 

$1.50  a  day  for  each  day  actually  and  necessarily  devoted  to  the  duties  of 
election. 

COMMISSIONERS    OF    DEEDS. 

For  administering  an  oath  or  affirmation,  in  cases  where  no  fee  is  specially 
provided  for  by  law,  and  certifying  the  same  when  required,  12^  cents. 

For  takmg  the  acknowledgment  of  bail  in  the  Supreme  Court,  and  in  any 
Court  of  Common  Pleas  (County  Court)  or  Mayor's  Court,  25  cents.    • 

For  taking  the  acknowledgment  of  satisfaction  of  a  decree  in  Chancery,  or 
of  a  judgment  in  the  Supreme  Court,  Court  of  Common  Pleas  (County  Court) 
or  Mayor's  Court,  37^  cents. 

For  taking  proof  or  acknowledgment  of  a  deed,  and  drawing  and  signing  the 
certificate,  for  one  person,  25  cents;  for  each  additional  person  having  exe- 
cuted the  same  deed,  12^  cents;  for  swearing  each  witness,  6  cents. 

For  taking  and  certifying  the  acknowledgment  or  proof  of  anj'^  other  instru- 
ment concerning  real  estate,  which  by  law  mr.y  be  recorded,  371  cents  for 
each  person  making  such  acknowledgment,  and  for  each  person  whose  execu- 
tion shall  be  proved. 

COMMISSIONERS    OF    EXCISE. 

$3  per  day  for  services  actually  performed. 

COMMISSIONERS    OF    HIGHWAYS. 

In  any  town  where  there  is  but  one  such  officer,  the  sum  of  $2  per  day  foi 
each  day  actually  and  necessarily  spent  in  the  discharge  of  his  official  duties. 
and  in  towns  where  there  is  more  than  one  commissioner  the  sum  of  $1.50  i^oi 
each  day  actually  and  necessarily  spent  therein. 


224  THE  CLERK'S  ASSISTANT. 

COMMISSIONERS   IN   PARTITION   AND    ADMEASUREMENT    OF    DOWER. 

For  every  day's  actual  and  necessary  service,  §2  to  each  commissioner. 

COMMISSIONERS    TO    TAKE    TESTIMONY    IN    CASES   IN   JUSTICe's   COURT. 

To  one  or  more  commissioners  for  taking  and  returning  testimony,  in  the 
whole,  $1 ;  for  every  subpoena  or- oath,  6  cents. 

COMinSSIONERS   TO    LOAN    UNITED    STATES    DEPOSIT   FUND. 

On  the  interest  received  by  them  in  each  and  every  year,  after  the  follow- 
ing rates:  Upon  $25,000  or  a  less  sum,  three  quarters  of  one  per  cent;  upon 
the  further  sum  of  $25,000,  or  less,  half  of  one  per  cent;  and  where  the  whole 
sum  shall  exceed  $50,000,  half  of  one  per  cent,  except  in  the"  city  and  county 
of  New  York,  in  which  city  and  county  the  commissioners  shall  upon  all  sums 
exceeding  $50,000,  receive  only  one  quarter  of  one  per  cent. 

In  case  of  a  sale  of  any  lands  $5  for  their  services  in  preparing  the  notices 
of  such  sale  and  superintending  the  same. 

constables'  fees. 

1.  In  civil  actions  in  justices'  courts : 

For  serving  a  warrant  or  summons,  25  cents. 

For  a  copy  of  every  summons  dehvered  on  request,  or  left  at  the  dwelling 
in  his  absence,  15  cents. 

For  serving  an  attachment,  75  cents ;  for  a  copy  thereof,  and  of  the  inven- 
tory of  the  property  seized,  left  at  the  last  residence  of  the  defendant,  75 
cents. 

Serving  affidavit  and  notice  and  summons,  50  cents ;  copy,  50  cents. 

For  serving  an  execution,  5  cents  for  every  dollar  collected,  to  the  amount 
of  $50,  and  two  and  a  half  cents  for  every  dollar  collected  over  $50. 

For  every  mile,  going  and  returning,  more  than  one  mile,  when  serving  a 
summons,  warrant,  attacliment  or  execution,  10  cents ;  to  be  computed  from 
the  place  of  the  abode  of  the  defendant,  or  where  he  shall  be  found,  to  the 
place  where  the  precept  is  returnable. 

For  notifying  a  plaintiff  of  the  service  of  a  warrant,  25  cents ;  and  for  going 
to  the  plaintiff's  residence,  or  where  such  notice  was  served,  10  cents  for  every 
rmle  more  than  one,  going  and  returning. 

Summoning  a  jury,  75  cents. 

Serving  subpoenas,  25  cents,  not  exceeding  four. 

Summoning  a  jury  in  matter  of  highway,  $2;  but  if  the  jury  are  taken 
from  the  same  town  in  which  the  road  is  located,  then  §1. 

2.  In  special  proceedings  in  civil  cases : 

Serving  a  summons,  25  cents;  serving  a  warrant,  50  cents;  mileage,  for 
going  and  returning,  10  cents  for  each  mile. 

Serving  a  warrant  of  distress  for  rent,  $1. 

Making  and  certifying  an  inventory  of  the  articles  taken,  the  cause  of  the 
distress,  and  the  amount  of  rent  due,  and  leaving  one  copy  thereof,  $1. 

Summoning  and  swearing  appraisers,  and  taking  the  appraisement,  50  cents, 
and  25  cents  to  each  of  the  appraisers. 

Advertising  and  selling  any  property  distrained  for  rent  or  doing  damage, 
or  levying  any  fine,  penalty  or  sum,  pursuant  to  any  warrant,  the  same  fees 
as  are  allowed  for  similar  services  on  executions  from  justices'  courts. 

Arresting  and  committing  any  person  pursuant  to  process,  50  cents ;  and 
mileage,  for  going  only,  6  cents. 

And  for  any  services  not  herein  provided  for,  which  may  be  rendered  by  a 
constable,  the  same  fees  as  are  allowed  by  law  to  sheriffs  for  similar  services. 

For  attending  any  court  pursuant  to  a  notice  from  the  sherLfif  for  that  pur- 
pose, $2  a  day,  and  five  cents  a  mile  for  each  mile  going  and  returning.  In 
Bome  of  the  justices'  courts  in  cities  a  different  rate  is  prescribed. 


FEES  OF  OFFICERS.  225 

3.  In  (;riminal  cases  : 

Serving  a  warrant  or  other  process,  for  the  arrest  of  any  person,  issued  by 
any  magistrate  or  court,  75  cents ;  anil  the  same  fees  for  travehng  as  in  civil 
cases. 

Taking  a  defendant  in  custody  on  a  mittimus,  ]2i  cents. 

Conveying  a  person  to  the  magistrate  or  court  before  whom  he  is  to  be 
brought,  or  to  jail  25  cents,  if  within  one  mile,  and  for  every  mile  more,  going 
and  returning,  10  cents. 

Serving  a  subpoena,  12^  cents  for  each  .witness,  and  the  like  mileage  as 
above  provided,  but  mileage  shall  be  allowed  only  on  the  distance  actually  and 
necessarily  traveled. 

Whenever  a  subpoena  for  witnesses  in  criminal  cases  or  complaints,  contain- 
ing one  or  more  names,  shall  be  served  by  a  constal^le  or  other  officer,  such 
officer  shall  be  allowed  for  mileage  only  for  the  distance,  going  and  returning, 
actually  traveled  to  make  such  service  upon  all  the  witnesses  in  such  case  of 
com'p'aint,  and  not  separate  mileage  for  each  witness,  unless  the  Board  of 
Supervisors  auditing  accounts  for  such  services  shall  deem  it  equitable  to  make 
a  fui'ther  allowance. 

The  Board  of  Supervisors  may  allow  further  compensation  than  those  above 
expressed. 

coroners'  fees. 

For  all  services  rendered  by  them  in  civil  actions,  the  same  fees  as  are- 
allowed  to  sheriffs  for  similar  services. 

For  confining  a  sheriff  in  any  house,  on  civil  process,  $2  for  each  week,  to- 
be  paid  by  such  sheriff  before  he  shall  be  entitled  to  be  discharged  from  suchi 
confinement. 

Their  compensation  with  all  necessary  incidental  expenses  for  holding- 
inquests,  shall  be  fixed,  audited  and  allowed  by  the  board  of  supervisors  of  the 
lespective  counties. 

COUNTY   JUDGES. 

County  judges  are  not  allowed  any  fees  for  services  rendered  by  them, 
except  for  such  services  as  may  be  performed  by  justices  of  the  peace  or  com- 
missioners of  deeds,  and  for  such  services  they  have  the  same  fees.  But  this- 
does  not  limit  them  from  taking  fees  as  surrogates,  in  those  counties  where  ■ 
the  county  judge  is  surrogate. 


COUNTY  SUPERINTENDENTS     FEES. 

They  are  to  be  allowed  such  sum  for  their  actual  attendance  and  services, 
as  the  board  of  supervisors  of  their  county  shall  deem  reasonable. 

COUNTY   TRASURERS'    FEES. 

Such  compensation  as  shall  be  fixed  by  the  board  of  supervisors  of  their- 
respective  counties,  not  exceeding  the  half  of  one  per  cent  for  receiving,  and' 
the  half  of  one  per  cent  for  disbursing,  and  in  no  case  to  exceed  the  sum  of 
$500  per  annum ;  except  in  the  counties  of  Albany,  New  York,  Kings,  Mon- 
roe, Erie,  Westchester  and  Oswego. 

Their  fees  for  services  rendered  in  regard  to  securities  and  moneys  received 
from  the  clerk  of  the  Court  of  Appeals  are  half  of  one  per  cent  on  every  dollar 
>,hey  shall  receive,  and  a  like  sum  for  every  dollar  they  shall  pay  out. 

For  acting  as  administrator  in  cases  provided  by  statute  he  shall  be  allowed  ' 
f  jr  his  expenses  as  other  administrators,  and  for  his  services  double  the  com- 
missions allowed  them  by  law. 

29 


226  THE  CLERK'S  ASSISTANT. 

crier's  of  courts  of  record  fees. 

The  same  compensation  as  Justices  of  the  Sessions,  viz. :  $2  per  day,  and 
6  ceais  per  mile  in  going  and  returning  from  court. 

executors'  and  administrators'  fees. 

Por  receiving  and  paying  out  all  sums  of  money  not  exceeding  $1,000,  at 
the  rate  of  $5  per  cent. 

For  receiving  and  paying  any  sums  exceeding  $1,000,  and  not  amounting 
to  $10,000,  at  the  rate  of  $2.50  per  cent. 

For  all  sums  above  $10,000,  at  the  rate  of  $1  per  cent,  and  in  all  cases  such 
allowance  shall  be  made  for  their  actual  and  necessary  expenses  as  shall  appear 
just  and  reasonable. 

For  the  sale  of  real  estate,  their  expenses  in  conducting  such  sale,  including 
$2  for  every  deed  prepared  and  executed  by  them  thereon,  and  a  compensa- 
tion not  exceeding  $2  a  day  for  the  time  necessarily  occupied  in  such  sale. 

FENCE    viewers'    FEES. 

Such  compensation  as  the  electors  of  each  town  at  the  annual  town  meet- 
ing shall  determine ;  and  for  every  mile  he  shall  be  obliged  to  travel  from  his 
house  to  the  place  where  strays  are  kept,  he  shall  be  entitled  to  receive  6 
cents,  and  25  cents  for  a  certificate  of  the  charges  as  ascertained  by  him ;  such 
fees  to  be  joaid  by  the  owner  of  the  strays. 

INSPECTORS  OF  ELECTIONS. 

$1.50  a  day  for  each  day  actually  and  necessarily  devoted  to  the  duties  oi^ 
the  office. 

jurors'  fees. 

To  each  juror  impanneled  to  try  a  cause  in  any  Circuit  Court  or  County 
Court,  25  cents  for  each  cause  in  which  he  shall  be  impanneled ;  and  to  each 
juror  sworn  in  any  action  in  a  Mayor's  Court,  25  cents;  and  the  Boards  of 
Supervisors  of  the  respective  counties  of  this  Staie  may,  at  their  annual  meet- 
ing, direct  a  sum  not  exceeding  $1  per  day  to  be  allowed  to  every  graqd  juror 
and  to  every  petit  juror,  for  attending  the  Courts  of  Record  held  v/ithin  such 
county,  in  addition  to  any  other  fees  which  such  jurors  may  receive ;  or  they 
may  direct  such  allowance  to  be  made  to  grand  jurors  only,  or  to  petit  jurors 
only ;  and  they  may  also  direct  an  allowance  to  be  made  to  such  jurors  for 
traveling,  in  coming  to  and  returning  from  such  courts,  not  exceeding  3  cents 
per  mile.  The  foregoing  provisions  do  not  apply  in  some  of  the  counties  of 
this  State. 

In  the  city  of  New  York  each  juror  shall  be  allowed  12|  cents  for  every 
action  in  which  he  is  sworn  as  such. 

In  Schenectady  county  the  jurors  are  allowed  each  75  cents  per  day  for 
every  day's  attendance,  and  for  every  twenty  miles'  travel. 

In  the  counties  of  Rensselaer,  Westchester,  St.  Lawrence,  Queens,  Niagara, 
Ulster,  Erie,  and  Livingston,  the  Supervisors  may  direct  a  sum  not  exceeding 
$1.50  per  day,  and  may  allow  travel  fees  not  exceeding  3  cents  per  mile. 

In  Albany  county,  $1.50  for  each  day's  attendance,  beside  travel  fees. 

To  each  juror  sworn  before  any  officer  in  any  special  proceeding  allowed  by 
law,  or  before  any  Sheriff  upon  any  writ  of  inquiry,  or  to  try  any  claim  to 
personal  property,  12|  cents. 

For  attending  to  serve  as  a  juror  in  a  Justice's  Court,  although  not  sworn, 
10  cents  each. 

For  attending  and  trying  a  cause,  25  cents  each. 

In  proceedings  for  the  laying  out,  altering  or  discontinuing  highways,  jurors 
who  Khali  be  summoned  from"  an  adjoining  town,  and  shall  attend  but  uot 


FEES  OF  OFFICERS.  227 

serve,  shall  be  entitled  each  to  50  cents,  and  if  they  shall  serve,  then  $1 ;  if 
from  the  same  town,  and  shall  attend  and  not  serve,  25  cents;  if  they  shall 
serve,  then  50  cents  each. 

JUSTICES   OF    THE    PEACE. 

Justices  of  the  peace  are  to  receive  the  fees  hereinafter  stated,  for  the  follow- 
ing services  in  civil  cases :  For  a  summons,  25  cents ;  for  warrant,  attachment,  or 
transcript  of  judgment,  25  cents;  adjournment,  25  cents;  for  each  subpoena,  25 
cents;  administering  an  oath,  10  cents;  filing  every  paper  necessary  to  be  filed, 
15  cents;  swearing  a  jury,  25  cents;  swearing  a  constable,  10  cents;  trial  of  an 
issue  of  fact,  in  case  of  an  appearance  and  answer,  75  cents ;  entering  judg- 
ment, 25  cents;  taking  affidavit,  10  cents;  drawing  any  bond,  25  cents;  receiv- 
ing and  entering  verdict  of  a  jury,  25  cents;  venire,  25  cents;  drawing  affida- 
vits, applications  and  notices,  when  required  by  law,  5  cents  per  folio ;  exe- 
cution, 25  cents ;  for  the  renewal  of  the  same,  25  cents  ;  for  making  return  to 
an  appeal,  $2  ;  a  warrant  for  the  apprehension  of  any  person  charged  wnth  any 
violation  of  the  laws  concerning  the  internal  police  of  the  State,  25  cents ;  or 
with  being  the  father  of  a  bastard,  50  cents ;  indorsing  any  such  warrant  issued 
fi-om  another  county,  25  cents ;  a  summons  for  any  offense  relating  to  the  in- 
ternal police  of  the  State,  or  in  case  of  any  special  proceedings  to  recover  the 
possession  of  land,  or  otherwise,  25  cents;  for  drawing  a  record  of  conviction 
for  contempts  and  other  special  cases,  50  cents ;  an  execution  upon  any  such 
conviction,  25  cents ;  a  warrant  of  commitment,  for  any  cause,  25  cents ;  for  a 
precept  to  summon  a  jury  in  special  cases,  50  cents ;  swearing  such  jury,  25  cents  ; 
hearing  the  matter  concerning  which  a  jury  is  summoned,  50  cents ;  receiving 
and  entering  their  verdict,  25  cents ;  for  a  view  of  premises  alleged  to  be  de- 
serted, 50  cents ;  hearing  an  application  for  a  commission  to  examine  witnesses, 
50  cents ;  for  every  order  for  such  commission,  and  attending,  settling  and  cer- 
tifying interrogatories,  50  cents ;  for  taking  depositions  of  witnesses,  upon  an 
order  or  commission  issued  by  some  court  in  this  or  a  foreign  State  or  territory, 
10  cents  per  folio,  and  for  making  the  necessary  return  and  certificates  thereto, 
50  cents.     $1.50  per  day  in  the  performance  of  duties  for  the  town. 

In  criminal  cases  the  justices  receive  the  following  fees :  For  administer- 
ing an  oath,  10  cents ;  a  warrant,  25  cents ;  a  bond  or  recognizance,  25  cents ; 
a  subpoena,  including  all  the  names  inserted  therein,  25  cents ;  a  commitment 
for  want  of  bail-,  25  cents ;  for  an  examination  of  the  accused,  where  such 
examination  is  required  by  law,  $1 ;  for  every  necessary  adjournment  of  the 
hearing  or  examination,  25  cents.     In  bastardy  cases,  $2  per  day. 

FEES   OF   COURTS   OF   SPECIAL   SESSIONS. 

For  a  venire  to  summon  a  jury,  25  cents ;  for  swearing  a  jury,  25  cents ;  for 
swearing  each  witness  on  the  trial,  10  cents  ;  for  a  subpoena,  including  all  names 
inserted  therein,  25  cents;  for  a  trial  fee,  $1  per  day  during  the  necessary  and 
actual  continuance  of  the  trial;  for  swearing  constables,  5  cents;  lor  receiving 
and  entering  the  verdict  of  the  jury,  25  cents ;  for  entering  the  sentence  of  the 
court,  25  cents ;  for  warrant  of  commitment  on  sentence,  25  cents ;  for  record 
of  conviction  and  filing  the  same,  75  cents ;  but  all  such  charges  in  any  one 
case  shall  not  exceed  $5,  unless  such  court  continue  more  than  one  day  ;  in 
such  case  the  costs  of  such  additional  day  may  be  added  thereto ;  for  a  return 
to  any  writ  of  certiorari,  to  be  paid  by  the  county,  $2. 

notary's  fees. 

For  drawing  and  copy  of  protest  of  the  non-payment  of  a  promissory 
note  or  bill  of  exchange,  or  of  the  non-acceptance  of  such  bill,  and  giving 
the  requisite  notices  and  certificates  of  such  protest,  75  cents,  and  10  cents 
for  each  notice,  not  exceeding  five,  on  any  bill  or  note.     But  the  clerk  or 


228  .  THE  CLERK'S  ASSISTANT. 

officer  of  any  monej'ed  corporation,  being  a  notary  public,  shall  not  be  entitlerl 
to  charse  or  receive  more  than  50  cents  for  protesting  and  giving  the  requisite 
notices  "upon  any  note  or  bill  of  exchange,  check  or  draft  payable  at  the  office 
of  such  corporation. 

For  drawing  and  copy  of  every  other  protest,  17  cents  for  every  folio;  and 
for  sealing  the  same,  25  cents. 

For  drawing,  copy  and  serving  every  notice  of  non-payment  of  a  bill  or 
note,  or  non-acceptance  of  a  bill,  25  cents. 

For  performing  the  same  duties  which  they  are  authorized  to  perform  as 
Commissioners  of  Deeds,  the  same  fees  as  are  allowed  Commissioners  of  Deeds. 

OVERSEERS    OF    THE    POOR. 

§1.50  a  day  for  each  day  actually  and  necessarily  devoted  to  the  duties  of 
the  office. 

OVERSEERS   OF   HIGHWAYS. 

If  employed  more  days  in  the  executing  the  several  duties  enjoined  on  him 
than  he  is  assessed  to  work  on  the  highway,  he  shall  be  paid  for  such  excess  at 
the  rate  of  75  cents  per  day. 

POUND    MASTER. 

For  taking  into  the  pound  and  discharging  therefrom,  every  horse,  ass  or 
mule,  and  all  neat  cattle,  12i  cents  each ;  for  every  sheep  or  lamb,  3  cents; 
and  for  every  hog,  6  cents ;  "and  reasonable  charges  for  feeding  such  beasts,  if 
fed  bv  him,  not  exceeding  6  cents  for  each  beast,  for  every  twenty-four  hours. 

printers'    FEES. 

Not  more  than  75  cents  per  foUo  for  the  first  insertion,  and  50  cents  for  each 
subsequent  insertion  after  the  first,  except  for  proceedings  in  Surrogates' 
Courts,  or  any  notices  required  to  be  published  relating  to  the  estates  of  de- 
ceased'persons,  and  in  such  cases  not  more  than  50  cents  per  folio  for  the 
first  insertion ;  and  25  cents  per  folio  for  each  subsequent  insertion  after  the 
first. 

referees'  fees. 

$3  to  each  for  every  day  spent  in  the  business  of  the  reference ;  but  the 
parties  may  agree  in  writing  upon  any  other  rate  of  compensation, 

registers  of  deeds. 

The  same  fees  as  are  allowed  by  law  to  County  Clerks,  for  similar  services 
performed  in  recording,  searching,  &c. 

SCHOOL    district    COLLECTOR. 

On  all  sums  paid  involuntarily  within  two  weeks  from  the  time  he  receives 
the  warrant  for  collection,  1  percent;  and  upon  all  sums  collected  by  hnii 
after  the  expiration  of  the  time  mentioned,  5  per  cent,  and  in  case  a  levy  and 
sale  shall  be  necessarily  made  by  such  collector,  he  shall  be  entitled  to  travel- 
ing fees  at  the  rate  of  6  cents  per  mile,  to  be  computed  from  the  school-house 
in  such  district. 

sealers   of   WEIGHTS   AND   MEASURES'    FEES. 

For  sealing  and  marking^every  beam.  10  cents. 

For  sealing  and  marking  measures  of  extension,  at  the  rate  often  cents  pei 
yard,  not  to  exceed  50  cents  for  any  one  measure. 


FEES  OF  OFFICEES.  229 

For  sealing  and  marking  every  weight,  5  cents. 

For  sealing  and  marking  liquid  and  dry  measures,  10  cents  for  eacli  measure. 
He  shall  also  be  entitled  to  a  reasonable  compensation  for  making  weights  an^ 
measures  conform  to  the  standards  in  his  possession. 

sheriffs'  fees. 

For  serving  a  summons  or  other  process  by  which  a  suit  shall  be  commenced 
in  a  court  of  law,  $1. 

For  traveling  in  making  any  such  service,  6  cents  per  mile,  for  going  and 
returning,  to  be  computed  in  all  cases  from  the  court  house  of  the  county ;  and 
if  there  he  more  than  one  court  house,  then  to  be  computed  from  that  which 
shall  be  nearest. 

ii'or  taking  a  bond  of  a  plaintiff  in  replevin  or  taking  a  bond  in  any  other 
case  where  he  is  authorized  to  take  the  same,  for  which  no  fee  is  allowed,  50 
cents. 

For  a  certified  copy  of  such  bond,  25  cents. 

For  a  copy  of  every  writ  made  by  him  when  demanded  or  required  by  law, 
19  cents. 

Returning  a  writ,  12^  cents. 
Attending  supreme  or  county  court,  $3  per  day. 

For  serving  an  attachment  for  the  payment  of  money,  or  an  execution  for 
the  collection  of  money,  or  a  warrant  for  the  same  purpose,  issued  by  the 
Comptroller  or  by  any  County  Treasurer,  for  cohecting  the  sum  of  $250  or 
less,  3  cents  per  dollar ;  and  for  every  dollar  collected,  more  than  $250,  2  cents. 
Mileage  on  any  execution,  10  cents  per  mile  going  only. 
Advertising  goods  or  chattels,  lands  or  tenements,  for  sale,  on  any  execu- 
tion, %2 ;  and  if  the  execution  be  stayed  or  settled  after  advertising  and  before 
sale,  $1 ;  and  legal  fees  paid  the  printer  for  advertising. 

For  every  certificate  on  the  sale  of  real  estate,  25  cents  a  folio,  and  12^  cents 
a  folio  each  for  two  copies  of  the  same. 

For  drawing  and  executing  a  deed  pursuant  to  a  sale  of  real  estate,  $2,  to 
be  paid  by  the  grantee  in  such  deed. 

Serving  a  writ  of  possession  or  restitution ;  putting  any  person  entitled  into 
the  possession  of  premises,  and  removing  the  tenant,  $1.50,  and  the  same 
traveling  fees  as  are  allowed  in  serving  a  summons. 
Taking  a  bond  for  the  liberties  of  the  jail,  $1. 

For  summoning  the  jury  to  attend  any  court,  50  cents,  in  each  case  noticed 
for  trial  at  such  court,  or  placed  on  the  calendar  thereof  for  trial. 

'Summoning  a  jury  upon  a  writ  of  inquiry,  or  in  any  case  where  it  shall  be- 
come necessary  to  try  the  title  to  any  personal  property,  attending  such  jury, 
and  making  and  returning  the  inquisition,  $2*50. 

Summoning  a  jury  to  inquire  concerning  lunacy,  &c.,  25  cents,  for  each 
juror  summoned,  for  attending  such  jury,  $1. 

Summoning  a  foreign  or  special  jury,  pursuant  to  a  venire  for  that  jiurpose, 
and  returning  the  panel,  $1,121. 

Summoning  a  jury,  pursuant  to  any  precept  or  summons  of  any  officer  in 
any  special  proceeding,  $1 ;  and  for  attending  such  jury  when  required,  $1. 

Bringing  up  a  prisoner  upon  a  habeas  corpus,  to  testify  or  answer  in  any 
court,  $1.50;  and  for  travehng  each  mile  from  the  jail,  12-i-  cents. 

For  attending  any  court  with  such  prisoner,  $1  per  day,  besides  actual 
necessary  expenses. 

■Bringing  up  a  prisoner  upon  any  habeas  corpus,  with  the  cause  of  his  arrest 
and  detention,  $1.50,  and  for  traveling,  12-J-  cents  each  mile  from  the  jail. 

Attending  before  any  officer  with  a  prisoner,  for  the  purpose  of  having  him 
suri^endered  in  exoneration  of  his  bail;  or  attending  to  receive  a  prisoner  so 
surrendered  who  Avas  not  committed  at  the  time,  and  receiving  any  such  pris- 
oner into  his  custody,  in  either  case,  $1. 

Attending  a  view,  $2  per  day;  going  and  returning,  8  cents  per  mile. 

For  serving  an  attachment  against  the  property  of  a  debtor,  under  the  pro- 


230  THE  CLERK'S  ASSISTANT. 

visions  of  chapter  five  of  the  second  part ;  or  against  a  ship  or  vessel,  undei 
the  provisions  of  the  eightla  title  of  chapter  eight  of  part  third  (of  R.  S.),  50 
cents,  with  such  additional  compensation  for  his  trouble  and  expenses  in  tak- 
ing possession  of  and  preserving  the  property  attached,  as  the  officer  issuing 
the  warrant  shall  certify  to  be  reasonable ;  and  where  the  property  so  attached 
shall  afterwards  be  sold  by  the  Sheriff,  he  shall  be  entitled  to  the  same  pound- 
age on  the  sum  collected,  as  if  the  sale  had  been  made  under  an  execution. 

For  making  and  returning  an  inventory  and  appraisal,  such  compensation 
to  the  appraisers,  not  exceeding  ^1  to  each  per  day,  for  each  day  actually 
employed,  as  the  officer  issuing  the  attachment  shall  allow;  and  for  drafting 
the  inventory,  25  cents  per  folio,  and  for  a  copy  of  the  same,  12^  cents  per 
folio. 

For  selling  any  property  so  attached,  and  for  advertising  such  sale,  the  samf 
allowance  as  for  sales  on  executions. 

For  executing  any  warrant  to  remove  any  persons  from  lands  belonging 
to  the  Peoi>le  of  this  State,  or  to  Indians,  such  sum  as  the  Comptroller  shall 
audit  and  certify  to  be  a  reasonable  compensation. 

For  giving  notice  of  any  general  or  special  election,  to  the  Inspectors  of  the 
different  towns  and  wards  of  his  county,  $1  for  each  town  and  ward,  and  the 
expenses  of  publishing  such  notices  as  required  by  law,  such  fees  and  expenses 
to  be  paid  by  the  Supervisors  of  the  county,  as  part  of  the  contingent 
charges  thereof 

For  any  services  which  may  be  rendered  by  a  Constable,  the  same  fees  as 
are  allowed  by  law  for  such  services  to  a  Constable. 

For  any  person  committed  to  prison,  and  every  person  discharged  from 
prison  in  civil  cases,  25  cents  for  receiving  and  25  cents  for  discharging,  to  be 
paid  by  the  plaintiff  in  the  process ;  for  summoning  Constables  to  attend  the 
Supreme  or  any  other  Court,  50  cents  for  each  Constable ;  for  attending  the 
Supreme  Court,  ^2  per  day  ;  for  mileage  on  every  execution,  6  cents  per  mile, 
for  going  only,  to  be  computed  from  the  court  house 

For  receiving  each  execution,  50  cents ;  returning  same  12^  cents. 

Fees  of  a  Sheriff  on  an  execution  issued  by  a  County  Clerk  on  a  Justice's 
judgment  are  the  same  as  the  fees  of  Constables  on  a  Justice's  judgment. 

IN    CRIMIXAL    CASES. 

For  every  person  committed  to  prison,  '67^  cents. 

For  every  prisoner  discharged  from  prison,  37^  cents. 

For  summoning  a  Grand  Jury  for  a  Court  of  Oyer  and  Terminer  or  Gene-  ^ 
ral  Sessions,  $10. 

For  serving  a  warrant,  or  performing  any  other  duty  which  may  be  per- 
formed by  a  Constable,  the  same  fees  as  are  allowed  by  law  to  a  Constable  foi 
such  service. 

For  conveying  a  single  convict  to  the  State  Prison  or  House  of  Refbge,  for 
each  mile  from  the  County  Prison  from  which  such  convict  shall  be  convej^ed, 
35  cents;  for  convej'ing  tv/o  convicts,  for  each  mile  aforesaid,  45  cents;  for 
conveying  three  convicts,  50  cents;  for  conveying  four  convicts,  55  cents;  for 
conveying  six  convicts,  GO  cents;  and  for  all  additional  convicts,  such  reason- 
able allowance  as  the  Comptroller  may  think  just,  which  said  allowance,  with 
$1  per  day  for  the  maintenance  of  each  convict  whilst  on  the  way  to  the 
State  Prison,  but  not  exceeding  $1  for  every  thirty  miles  travel,  shall  be  in 
full  of  all  charges  and  expenses  in  the  premises. 

(In  the  county  of  Rensselaer  different  sums  are  allowed.) 

On  sale  of  land  under  a  decree  of  the  court,  he  shall  receive  his  disburse- 
ments for  printer's  fees,  and  also  the  same  fees  as  upon  sales  by  virtue  of  an 
execution,  but  such  fees  shall  in  no  case  exceed  the  sum  of  $10. 

For  summoning  a  jury  under  the  statute  in  regard  to  absconding,  concealed 
and  non-resident  debtors,  $1.12^. 


FEES  OF  OFFICERS.  231 

supervisors'  fees. 

$1.50  per.  day  (except  when  attending  the  board  of  supervisors)  for  each 
day  actually  and  necessarily  devoted  by  them  to  the  services  of  the  tOAvn  in 
the  duties  of  their  respective  offices ;  and  8  cents  per  mile  for  all  necessary 
travel  in  the  discharge  of  his  official  duties ;  and  3  cents  for  each  name  (for 
making  a  copy  of  the  assessment  roll  of  his  town,  and  making  out  the  tax 
bill  to  be  delivered  to  the  collector)  for  the  first  hundred  names,  2  cents  per 
name  for  the  second  hundred  names,  and  1  cent  per  name  for  each  name  over 
l,wo  hundred.  But  no  per  diem  allowance  shall  be  made  to  any  supervisor 
while  employed  in  making  out  such  copy  or  tax. 

For  attending  the  meeting  of  the  board  of  supervisors,  at  the  rate  of  $2  per 
day.  But  these  rates  do  not  apply  to  the  supervisors  of  Albany  and  Rens- 
'selaer  counties,  in  which  counties  they  are  allowed,  as  a  compensation  each, 
$100  besides  their  traveUng  fees,  and  no  more. 

STAMPS. 

Agreement  or  appraisement  —  for  each  sheet  or  piece  of  paper  on  which 
the  same  is  written,  5  cents. 

Assignment  of  lease  or  policy  of  insurance  —  the  same  stamp  duty  as  on 
the  original  instrument ;  of  a  patent  right,  5  cents. 

Bank  check,  drafts  or  orders,  etc.,  at  sight,  on  demand,  2  cents. 

Bill  of  exchange  (foreign)  —  if  the  sum  does  not  exceed  $100,  2  cents;  for 
every  additional  $100,  or  fractional  part  thereof,  2.  cents. 

Bill  of  receipt  for  goods  to  any  foreign  port,  10  cents. 

Bill  of  sale  of  any  vessel,  or  part  thereof — when  the  consideration  does 
not  exceed  $500,  50  cents ;  exceeding  $500,  50  cents  for  each  $500,  or  frac- 
tional part  thereof 

Bond  —  for  the  payment  of  money  (official),  $1 ;  for  indemnifying  any  per- 
son, 50  cents  for  each  $1,000,  or  fractional  part  thereof;  of  executors,  admin- 
istrators, guardians  and  trustees,  $1.  (See  Mortgages.)  All  other  bonds,  25 
cents. 

Certificates,  5  cents  each. 

Charter  party  —  if  the  registered  tonnage  does  not  exceed  one  hundred 
and  fifty  tons,.$l;  exceeding  one  hundred  and  fifty  tons,  and  not  exceeding 
three  hundred  tons,  $3 ;  exceeding  three  hundred  tons,  and  not  exceeding 
six  hundred,  $5;  exceeding  six  hundred  tons,  $10. 

Contract  of  Broker,  10  cents.     (See  Agreement.) 

Conveyance  deed,  or  instrument  in  writing  conveying  real  estate,  the  actual 
value  of  which  does  not  exceed  $500,  50  cents ;  for  every  additional  $500,  or 
fractional  part  thereof,  50  cents. 

Entry  of  any  goods  not  exceeding  $100  in  value,  25  cents ;  exceeding  $100 
and  not  exceeding  $500,  50  cents;  exceeding  $500  in  value,  $1 ;  for  the  with- 
drawal of  any  goods,  50  cents. 

Insurance  (marine,  inland  and  fire)  —  if  lae  premium  does  not  exceed  $10, 
10  cents;  exceeding  $10  and  not  exceediiig  '^50,  25  cents;  exceeding  $50, 
50  cents.  (Life)  —  when  the  amount  insured  does  not  exceed  $1,000,  25 
cents;  exceeding  $1000  and  not  exceeding  $5,000,  50  cents;  exceeding 
$5,000,  $1. 

Lease  —  where  rent  does  not  exceed  $300  per  annum,  50  cents;  exceeding 
$300,  for  each  additional  $200,  or  fractional  part  thereof,  50  cents. 

Manifest  —  if  the  tonnage  does  not  exceed  three  hundred  tons,  $1 ;  exceed- 
ing three  hundred  tons  and  not  exceeding  six  hundred  tons,  $3;  exceeding 
six  hundred  tons,  $5. 

Measurers'  returns  —  not  exceeding  one  thousand  bushels,  10  cents ;  exceed- 
icg  one  thousand,  25  cents. 

Mortgage,  or  trust  deed  for  the  payment  of  money  —  not  exceeding  $500, 


232  THE  CLEEK'S  ASSISTA:S[T. 

50  cents;  for  every  additional  §500,  or  fractional  part  thereof,  50  cents. 
When  the  mortgage  is  stamped,,  the  accompanying  bond  need  not  be  stamped. 

Passage  ticket  from  the  United  States  — costing  not  more  than  §35,  50 
cents;  more  than  $35  and  not  exceeding  $50,  f^l;  for  every  additional  §50, 
or  fractional  part  thereof,  $1. 

Power  of  attorney  —  to  sell  or  transfer  stocks  or  collect  dividends,  25  cents ; 
to  vote,  10  cents ;  to  receive  or  collect  rents,  25  cents ;  to  sell,  convey  or 
lease  real  estate,  $1 ;  for  any  other  purpose,  50  cents. 

Probate  of  a  vrill  —  when  the  value  of  the  estate  does  not  exceed  $2,000, 
§1 :  for  every  additional  $1,000,  or  fractional  part  thereof,  50  cents. 

Protest,  50  cents. 

Warehouse  receipt  —  if  the  value  of  the  goods  does  not  exceed  $500  in 
value,  10  cents;  exceeding  §500  and  not  exceeding  $1,000,  20  cents;  for 
every  additional  $1,000,  or  fractional  part  thereof,  10  cents;  for  any  goods  not 
otherwise  provided  for,  25  cents. 

surrogates'  fees. 

By  the  Laws  of  1870,  chapter  467,  the  several  boards  of  supervisors  were 
empowered  to  fix  the  salary  of  the  county  judge,  and  of  the  surrogate  when 
elected  as  a  separate  officer ;  such  salaries  to  be  payable  out  of  the  county 
treasury  ;  provided  that  the  salary  of  no  county  judge  or  surrogate  shall,  when 
once  so"  established,  be  diminished  during  his  term  of  office. 

The  Laws  of  1869,  chapter  246,  provides  that  no  surrogate  shall  charge_  or 
receive  any  fee  or  compensation  for  any  official  services  performed  by  him, 
except  for  copies  of  records  or  papers,  for  which  he  shall  charge  and  receive, 
for  the  use  of  the  county,  the  same  fees  which  he  was  authorized  to  receive 
before  the  passage  of  the  act. 

The  board  of  supervisors  of  any  county  may  authorize  the  surrogate  of 
such  county  to  appoint  a  clerk,  and  may  authorize  said  clerk  to  receive,  for 
his  own  use,  the  legal  fees  for  making  copies  of  any  record  or  paper  in  the 
office  of  such  surrogate. 

For  the  translatio'n  of  any  wdll  from  any  other  than  the  English  language, 
10  cents  for  every  folio. 

Copies  and  exempUfications  of  any  record,  proceeding  or  order  had  or  made 
before  him,  or  of  any  papers  filed  in  his  office,  transmitted  on  an  appeal  or 
furnished  to  any  party  on  his  request,  6  cents  for  every  foho,  to  be  paid  by  the 
person  requesting  the  same. 

surveyors'  fees. 

For  actual  service  in  surveying,  laying  out,  marking  and  mapping  any  real 
estate,  of  which  partition  shall  be  made  pursuant  to  law,  or  of  which  dower 
shall  be  admeasured,  §2.50  per  day. 

For  each  of  his  necessary  chain  and  flag  bearers  and  other  necessary  assist- 
ants, §1  per  day. 

TOWN    clerks'    fees. 

§1.50  a  day  for  each  day  actually  and  necessarily  devoted  to  the  service  of 
the  town  in  the  duties  of  the  office.  ■ 

For  filing  every  chattel  mortgage  or  copy,  6  cents  ;  for  registering  the  same, 
6  cents ;  for  searching  for  each  p'aper,  6  cents ;  and  the  like  fees  for  certified 
copies  of  such  instruments  or  copies  as  are  allowed  by  law  to  clerks  of  coun- 
ties for  copies  and  certificates  of  records  kept  by  them. 

For  making  the  sale  of  drifted  lumber  unclaimed,  the  same  fees  as  are 
allowed  to  officers  making  sales  on  executions  issued  out  of  justices'  courts. 

For  drawing  and  certifying  a  jury  to  re-assess  damages  for  laying  out,  alter- 
ing or  discontinuing  a  highway,  50  cents. 


FEES  OF  OFFICEES.  233 

For  entering  a  note  of  strays,  6  cents  each  for  all  neat  cattle  and  horses, 
and  3  cents  for  each  sheep,  to  be  paid  by  the  person  delivering  the  note. 

For  filing  atid  entering  a  certificate  of  marriage,  25  cents;  and  10  cents  for 
a  copy  of  such  certificate,  or  of  the  entry  thereof 

TOWN    collectors'    FEES. 

They  shall  receive  2  per  cent  fees  on  all  voluntary  payments  made  to  them 
within  thirty  days  after  the  posting  of  notice  by  such  cohector,  in  all  cases 
where  the  aggregate  amount  to  be  collected  by  warrant  when  put  into  their 
hands  shall  not  exceed  the  sum  of  $2,000;  in  other  cases  1  per  cent  fees  for 
receiving  or  collecting,  and  1  per  cent  fees  on  every  amount  of  tax  under  $1 ; 
and  after  said  thirty  days,  5  per  cent  fees  for  all  taxes  collected  by  them,  and  2 
per  cent  for  all  taxes  returned  by  him  to  the  County  Treasurer  uncollected. 

TRUSTEES   OR   ASSIGNEES   OF   ABSCONDING,  CONCEALED   AND   NON-RESIDENT   DEBTORS. 

In  addition  to  the  necessary  disbursements,  a  commission  at  the  rate  of  5 
per  cent  on  the  whole  sum  which  will  have  come  into  their  hands. 

witnesses'  fees. 

In  Courts  of  Eecords,  for  each  witness,  50  cents  for  each  day  while  attend- 
ing any  court  or  ofiicer,  and  if  the  witness  resides  more  than  three  miles  from 
the  place  of  attendance,  traveling  fees  at  the  rate  of  4  cents  per  mile,  going 
and  returning. 

In  Justices'  Courts,  if  from  the  same  county  subpoenaed  and  attending,  25 
cents ;  from  any  other  place  than  the  same  county,  25  cents  for  every  day's 
actual  attendance. 

When  any  person  shall  attend  a  Court  of  Oyer  and  Terminer,  or  a  Court 
of  Sessions,  or  a  Circuit  Court,  on  the  trial  of  an  indictment  removed  from 
any  Court  of  Oyer  and  Terminer  into  the  Supreme  Court,  as  a  witness  on 
behalf  of  the  people  of  this  State,  upon  the  request  of  the  public  prosecutor, 
or  upon  a  subpoena,  or  by  virtue  of  a  recognizance  for  that  purpose,  and  it 
shall  appear  that  such  person  has  come  from  any  other  State  or  Territory  of 
the  United  States,  or  h'om  any  foreign  country,  or  that  such  person  is  poor, 
the  court  may,  by  an  order  in  its  minutes,  direct  the  County  Treasurer  of  the 
county  in  which  the  court  may  be  sitting,  to  pay  to  such  witness  such  sum 
of  money  as  shall  seem  reasonable  for  his  expenses. 

30 


CHAPTER    XIX. 

FENCE   VIEWERS. 

The  Assessors  and  Commissioners  of  Highways  in  each  town 
are,  by  virtue  of  their  ofhces,  Fence  Viewers  in  their  respective 
towns. 

Fence  Viewers  have  power,  and  it  is  their  duty,  to  settle  dis- 
putes concerning  division  fences,  and  floating  timber,  lumber, 
&;c.,  within  their  respective  towns,  to  ascertain  the  amount  of 
damages  when  sheep  are  injured  or  killed  by  dogs,  and  the 
charges  to  which  persons  keeping  strays  are  entitled. 

Where  two  or  more  persons  shall  have  lands  adjoining,  each 
of  them  shall  make  and  maintain  a  just  proportion  of  the  divi- 
sion fence  between  them,  except  the  owner  or  owners  of  either 
of  the  adjoining  lands  shall  choose  to  let  such  land  lie 
open. 

Where  a  person  shall  nave  chosen  to  let  his  land  lie  open,  if 
he  shall  afterward  inclose  it,  he  shall  refund  to  the  owner  of  the 
adjoining  land  a  just  proportion  of  the  value  at  that  time,  of  any 
division  fence  that  shall  have  been  made  by  such  adjoining 
owner;  or  he  shall  build  his  proportion  of  such  division  fence. 

The  value  of  such  fence,  and  the  proportion  thereof,  to  be 
paid  by  such  person,  and  the  proportion  of  the  division  fence  to 
be  built  by  him,  in  case  of  his  inclosing  his  land,  shall  be  deter- 
mined by  any  two  of  the  Fence  Viewers  of  the  town.  If  a  dis- 
pute arise  between  the  owners  of  adjoining  lands,  concerning 
the  proportion  or  particular  part  of  fence  to  be  maintained  or 
made  by  either  of  them,  such  dispute  shall  be  settled  by  any  two 
of  the  Fence  Viewers  of  the  town. 

When  any  matters  in  dispute  shall  be  submitted  to  Fence 
Viewers,  each  party  shall  choose  one  ;  and  if  either  neglect,  after 
eight  days'  notice,  to  make  such  choice,  the  other  party  may  select 
both. 


236  THE  CLERK'S  ASSISTANT. 

In  case  of  their  disagreement,  they  shall  select  another  Fence 
Viewer  to  act  with  them,  and  the  decision  of  any  two  shall  be 
final  upon  the  parties  to  such  dispute,  and  upon  all  parties  hold- 
ing under  them.  Their  decision  is  to  be  reduced  to  writing,  and 
forthwith  filed  in  the  office  of  the  Town  Clerk. 

A  party  neglecting  or  refusing  to  make  or  keep  in  repair  his 
•proportion  of  division  fence,  cannot  recover  damages  arising 
from  such  neglect,  but  shall  be  liable  to  pay  to  the  party  injured 
such  damages  as  may  arise  or  be  occasioned  by  his  neglect. 

If  such  neglect  or  refusal  shall  be  continued  for  the  period  of 
one  month  after  request  in  writing,  to  make  or  repair  such  fence, 
the  party  injured  may  make  or  repair  the  same  at  the  expense 
of  the  party  so  neglecting  or  refusing  to  be  recovered  from  him 
with  costs  of  suit. 

If  any  person  who  shall  have  made  his  proportion  of  a  divison 
fence,  shall  be  disposed  to  remove  his  fence,  and  suffer  his  lands 
to  lie  open,  he  may,  at  any  time  between  the  first  day  of  Novem- 
ber in  any  year,  and  the  first  day  of  April  following,  but  at  no 
other  time,  give  ten  days'  notice  to  the  owner  or  occupant  of  the 
adjoining  land  of  his  intention  to  apply  to  the  Fence  Viewers  of 
the  town  for  permission  to  remove  his  fence ;  and  if  at  the  time 
specified  in  such  .notice  any  two  of  such  Fence  Viewers,  to  be 
selected  as  aforesaid,  shall  determine  that  such  fence  may  with 
propriety  be  removed,  he  may  then  remove  the  same. 

If  the  fence  be  removed  without  notice  and  permission,  the 
party  removing  the  same  shall  pay  to  the  party  injured,  all  such 
damages  as  he  may  sustain  thereby,  to  be  recoerved  with  costs  of 
suit. 

Each  party  is  bound  to  keep  his  proportion  of  fence  in  repair, 
if  he  neglects  to  do  so,  the  other  party  may  require  him  to  repair 
the  same  by  a  requisition  in  writing,  within  ten  days  after  service 
of  such  notice  or  requisition.  If  he  neglect  to  repair  the  same 
for  ten  daj^s,  the  party  injured  may  make  or  repair  the  same  at 
the  expense  of  the  party  so  refusing  or  neglecting,  to  be  recovered 
from  him  with  costs  of  suit. 

Witnesses  may  be  examined  by  the  Fence  Viewers  on  all  ques- 
tions submitted  to  them,  and  either  of  such  Fence  Viewers  shall 
have  power  to  issue  subpoenas  for,  and  to  administer  oaths  to 
such  witnesses. 


f 


FENCE  VIEWERS.  237 

Whenever  any  person  shall  have  distrained  any  neat  cattle 
horses  or  sheep  doing  damage,  unless  such  beasts  are  redeemed, 
(when  the  proper  notice  has  been  given),  between  the  first  day 
of  May  and  the  twentieth  day  thereafter,  he  shall  give  notice  to 
one  of  the  Fence  Viewers  of  the  town,  whoso  duty  it  shall  be  to 
ascertain,  according  to  the  best  of  his  knowledge  and  judgment, 
the  reasonable  charges  of  keeping  €uch  stray,  a  certificate  where- 
of shall  be  given  to  the  person  applying  for  the  same. 

Whenever  any  logs,  timber,  boards  or  plank  in  rafts  or  other- 
wise, shall  have  been  drifted  upon  any  bank  or  shore  of  any 
waters,  the  owner  may  remove  the  same  after  paying  or  tender- 
ing the  amount  of  damages  occasioned ;  and  if  the  parties  cannot 
agree  as  to  the  amount  of  such  damages,  either  party  may  apply 
to  any  two  of  the  Fence  Viewers  of  the  town  or  city  in  which 
such  lumber  may  be  found,  whose  duty  it  shall  be  after  hearing 
the  proof  and  allegations  of  the  parties,  to  determine  the  same,  at 
the  expense  of  the  owner  of  the  lumber,  and  their  decision  shall 
be  conclusive. 

The  owner  of  any  sheep  or  lambs  that  may  be  killed  or  injured 
by  any  dog,  may  apply  to  any  two  Fence  Viewers  of  the  town, 
who  shall  inquire  into  the  matter,  and  view  the  sheep  injured  or 
killed,  and  may  examine  witnesses  in  relation  thereto,  for  which 
purpose  either  of  them  shall  have  power  to  administer  oaths. 
If  they  are  satisfied  that  the  same  were  killed  or  hurt  only  by 
dogs,  and  in  no  other  way,  they  shall  certify  such  fact,  the  num- 
ber of  the  sheep  killed  or  hurt,  and  the  amount  of  the  damages 
sustained  thereby  to  the  owner,  together  with  the  value  of  the 
sheep  hurt  or  killed. 


FORMS. 


3VO.    X. 

CERTIFICATE    OF    FENCE   VIEWERS,    APPRATSIXG   VALUE    OF    FENCE,    WnERE    LAND 
WHICH   HAS    LAIN    OPEN    HAS    BEEN    ENCLOSED. 

County  of  Albany,  Town  of  Knox,  ss.  Whereas,  E.  H.  and  B.  R.,  being 
the  owners  of  certain  adjoining  lands  in  the  town  aforesaid,  and  the  said  H. 
having,  on  or  about  the  3d  day  of  May,  1858,  erected  a  division  fence  between 
the  land  belonging  to  him  and  that  of  the  said  R.,  who  allowed  his  own  lands 
to  lie  open  ; 

And  whereas.  The  said  R.  has  recently  inclosed  the  said  land  belonging  to 
him,  and  a  disagreement  having  arisen  between  the  said  parties  as  to  the  just 
proportion  of  the  value  of  the  said"  division  fence  to  be  paid  for  by  the 
said  R. ;  . 

And  we,  having  made  due  inquiry  into  the  facts  and  circumstances,  and 
examined  the  premises,  do  find  that  the  following  is  a  correct  description  of 
the  fence  built  by  the  said  H.,  as  aforesaid,  to  Avit  (here  describe  the  fence)  : 
that  the  value  of  the  fence,  at  the  time  of  erecting  the  same,  was  ^60  ;  and 
that  the  just  proportion  of  said  value  to  be  paid  by  the  said  R.  to  the  said  H. 
is  ^27,  and  that  the  fees  for  our  services  amount  to  ^6. 

Given  under  our  hands  this  3d  day  of  April,  1860. 

L.  M., 
R.  H., 

Fence  Viewers. 


■    CERTIFICATE    UPON    DECIDING    DISPUTE    BETWEEN   OWNERS    OF   ADJOINING    LANDS. 

Albany  County,  Town  of  Bern,  ss.  A.  B.  and  C.  D.,  being  the  owners  of 
certain  adjoining  lands  in  the  said  town  of  Bern,  and  disagreeing  concerning  the 
respective  portions  of  a  division  fence  to  be  made  {or  kept  in  repair)  by  them  : 

Now  know  ye,  that  we,  the  subscribers,  Fence  Viewers  of  said  town,  do 
hereby  certify,  that  upon  the  applicatibn  of  the  said  A.  B.  and  C.  D.,  we  exa- 
mined the  premises,  and  heard  the  allegations  of  the  said  parties,  and  due 
deliberation  thereon  having  been  had,  we  do  determine  that  said  division 
fence  be  built  as  follows,  to  wit  (insert  description) :  and  that  one-half  of  said 
fence  (the  east  end)  is  the  proper  fence  and  the  proper  proportion  thereof  to  be 
built  {or  to  be  put  in  repair  and  kept  in  repair)  by  the  said  A.  B.,  and  the 
remainder  of  the  said  fence  is  the  proper  proportion  thereof  to  be  built  {or  put 
and  kept  in  repair)  by  the  said  C.  D. 

And  we  further  certify,  that  our  fees  for  our  services  herein  amount  to  ^12. 

Witness  our  hands  this  2d  day  of  April,  1860. 

L.  P., 
R.  S., 

Fence  Viewers. 


FENCE  VIEWERS.  239 

2Vo.    3. 

FENCE    viewers'  APPRAISEMENT    WHERE    ONE    PARTY    HAS   NEGLECTED  TO    KEliP   EI3 
FENCE    IN    REPAIR. 

County  of  CJienangOj  Town  of  Cohimhus,  ss.  Application  having  been  made 
to  the  undersigned  by  R.  C,  the  owner  of  land  adjoining  the  land  of  M.  T.  in 
?aid  town,  to  ascertain  and  appraise  certain  damages  arising  in  consequence 
of  the  refusal  {o7'  neglect)  of  the  said  T.  to  keep  in  repair  (or  to  make)  his 
proportion  of  a  division  fence  between  the  aforesaid  lands,  we  have  examined 
the  premises,  and  after  inquiry  and  examination  by  us  made,  we  do  decide 
and  determine  that  the  said  R.  C.  has  sustained  damage  to  liis  land,  crops, 
fruit  trees  and  shrubbery,  in  consequence  of  the  refusal  (or  neglect)  of  the  said 
M.  T.  to  maintain  (or  make)  his  proportion  of  such  division  fence,  as  afore- 
said, which  said  damages  we  have  ascertained,  and  appraise  at  ^75.  Our  fees 
herein  are  !$12. 

Witness  our  hands  this  3d  day  of  April,  1860. 

L.  P., 
R.  P., 

Fence  Viewers, 


NOTICE   THAT   A    PARTY   WISHES   TO   REMOVE   HIS   PROPORTION    OF     DIVISION     FENCE 
AND    LET    HIS    LAND    LIE    OPEN. 

To  R.  S.,  Esq. : 

Take  notice  taat  I  shall  make  application  to  L.  M.  and  R.  H.,  two  of  the 
Fence  Viewers  of  the  town  of  Columbus,  on  the  30th  day  of  March  instant, 
for  permission  to  remove  the  division  fence  between  the  land  occupied  by  you 
iu  said  town,  and  that  owned  and  occupied  by  me,  lying  adjacent  thereto. 

Dated  March  15,  1860.  Yours,  &c.,  B.  P. 


DETERMINATION    OP    FENCE    VIEWERS    THAT    DIVISION    FENCE  MAY  BE  REMOVED. 

County  of  Chenango,  Town  of  Columius,  ss.  We,  the  undersigned,  two 
of  the  Fence  Viewers  of  said  town,  do  hereby  certify  that  upon  the  application 
of  B.  P.,  in  accordance  with  a  notice,  of  which  a  copy  is  hereto  annexed,  have 
examined  the  premises  where  the  division  fence  named  in  said  notice  is  situa- 
ted, and  do  decide  and  determine  that  the  same  may  with  propriety  be  re- 
moved. 

Witness  our  hands  this  March  30,  19C,0.  L.  M., 

R.  H., 

Fence  Viewers. 


TSo.    G. 

CERTrriCATE    W.MERE    CATTLE    ARE    DISTRATXEn    DOtXC.    DAMAGE. 

County  of  Rensselaer,  Toivn  of  SandlaJce,  ss.  Application  having  beeu 
made  to  us,  two  of  the  Fence  Viewers  of  said  town,  by  S.  W.,  of  said  town 
to  appraise  the  damages  done  by  a  (describe  the  animal)  distrained  by  him 
doing  damage  on  his  lands:  We  hereby  certify  that  we  have  examined  and 
ascertained  the  damage,  and  that  the  same  amount  to  the  sum  of  $30,  and 
that  our  fees  for  our  services  herein  are  S6. 


240  THE  CLERK'S  ASSISTANT. 

And  a  dispute  having  arisen  between  the  said  S.  W.,  of  the  one  part,  and 
B.  H.,  of  the  other  part,  touching  the  sufficiency  of  the  fence  along  the  bank 
of  a  brook  on  the  premises  of  the  said  S.  W.,  which  fence  has  been  examined 
by  us,  and  we  have  heard  the  allegations  of  the  parties,  and  examined  their 
witnesses  in  relation  thereto  ;  and  we  certify  that  we  consider  the  said  fence 
insutficient  {or  sufficient). 

Witness  our  hands  this  April  3,  1860.  L.  M., 

K  N., 

Fence   Viewers. 


IVo.  -7. 

CERTIFICATE  OF  FENCE  VIEWER  WHERE  STRAY  HAS  NOT  BEEN  CLAIMED  OR  RE- 
DEEMED. 

County  oj  Columbia^  Town  of  Canaan,  ss.  The  undersigned,  one  of  the 
Fence  Viewers  of  said  town,  having  received  notice  from  B.  J.,  of  said  town, 
that  the  following  stray  animals,  to  wit  (here  describe  them) :  came,  on  or 
about  the  15th  day  of  January,  1860,  upon  the  inclosed  lands  of  the  said  B. 
J.,  which  strays  have  since  that  time  been  kept  by  the  said  B.  J.,  and  now  re- 
main unredeemed  and  unclaimed.  This  is  to  certify  that  I  have  ascertained, 
according  to  the  best  of  my  knowledge  and  judgment,  the  reasonable  charges 
of  keeping  such  strays,  and  that  the  same  amount  to  the  sum  of  ^25 ;  and 
that  the  fees  f'  r  my  services  amount  lo  ^3. 

"W-tness  mj  >iand  this  April  3,  1860.  L.  M., 

Fence   Viewer. 


CHAPTEE  XX. 

FERRIES. 

The  County  Court  in  each  of  the  counties  of  this  State  shall 
grant  licenses  for  keeping  ferries  in  their  respective  counties  to 
as  many  suitable  persons  as  they  may  think  proper;  which 
licenses  shall  continue  in  force,  for  a  term  to  be  fixed  by  the 
court,  not  exceeding  three  years.  Such  licenses  are  to  be  granted' 
to  the  person  owning  the  land,  and  when  the  owner  of  such  land 
neglects  to  apply,  then  any  other  person  may  apply  for  such 
license,  on  giving  notice  to  the  owner  of  such  land,  at  least  eight 
days  before  the  sitting  of  the  court,  of  his  intention  to  make  such: 
application. 

Every  person  applying  for  such  license,  shall,  before  the  same 
be  granted,  enter  into  a  recognizance  to  the  people  of  this  State 
in  open  court,  in  the  sum  of  one  hundred  dollai^,  faithfully  to 
keep  and  attend  such  ferry,  with  such  and  so  many  sufficient  and 
safe  boats,  and  so  many  men  to  work  the  same,  as  shall  be 
deemed  necessary,  together  with  sufficient  implements  for  said 
ferry  during  the  several  hours  in  each  day,  and  at  such  several 
rates  as  the  court  granting  the  license,  shall,  from  time  to  time, 
order  and  direct;  which  recognizance  shall  be  forthwith  filed 
with  the  clerk  of  the  county.  The  license  so  granted  to  be 
entered  in  the  book  of  minutes  of  the  court  by  the  clerk ;  and  a 
copy  thereof,  attested  by  him,  shall  be  delivered  to  the  person 
licensed. 

Whenever  the  waters  shall  divide  two  counties,  the  court  of 
either  county  may  grant  the  license. 

If  any  person  (except  within  the  counties  of  Essex  and  Clin- 
ton, the  counties  of  Orange,  Rockland  and  Westchester,  and  the 
counties  (in  the  former  first  Senate  district  being  the  counties), 
of  New  York,  Richmond  and  Kings),  shall  use  any  ferry  for 
transporting  across  any  river,  stream  or  lake,  any  person  or  any 
31 


242  THE  CLERK'S  ASSISTANT. 

goods,  chattels  or  effects,  for  profit  or  liire,  unless  authorized  in 
the  manner  directed  by  the  statute,  such  person  shall  be  con- 
sidered guilty  of  a  misdemeanor ;  and  on  conviction,  shall  be 
subject  to  such  fine,  for  the  use  of  the  county,  as  the  court  may 
adjudge,  not  exceeding  twenty -five  dollars  for  each  offense:  and 
if  the  offense  is  committed  on  waters  which  divide  two  counties, 
the  person  so  offending  may  be  proceeded  against  in  each  of  said 
counties ;  but  the  fine  to  be  imposed,  shall  not  exceed  twelve 
dollars  and  fifty  cents  in  each  case. 

The  foregoing  provisions  are  not  to  affect  any  legal  rights  or 
privileges  whatever,  belonging  to  any  individual  or  corporation 
by  virtue  of  any  law  of  this  State  or  otherwise,  nor  shall  they 
affect  or  alter  the  ferries  granted  by  charter  to  the  corporations 
of  Albany  and  Hudson,  or  alter  or  impair  any  grant  made  by 
this  State. 

The  ferry  being  a  franchise,  the  public  have  an  interest  in  the 
use  of  the  same,  and  if  the  owner  of  the  ferry  refuse  to  trans- 
port an  individual  or  his  property  without  any  reasonable  excuse, 
upon  being  paid  the  usual  rate  of  fare,  he  is  liable  to  respond  in 
damages  for  such  refusal. 

The  grantee  of  the  ferry,  unless  he  owns  the  land  on  both  sides 
of  the  stream^across  which  the  ferry  is  granted,  must  obtain  the 
right  of  passageway  over  the  land  from  the  owners  thereof,  as 
the  right  to  ferry  gives  no  right  to  use  the  land  on  either  bank 
of  the  stream,  such  land  being  private  property. 


FORMS 


ISTo.    1. 

NOTICE   TO    OWKES   OF    LANDS   OF   APPLICATION   FOR   A   LICENSE   FOR   A   FERRY. 

To  D.  C,  Esq. : 

Sir :  Please  take  notice  that  the  undersigned  will  apply  to  the  Columbia 
County  Court  at  the  next  term  thereof,  to  be  held  at  the  court  house  in  the 
city  of  Hudson,  on  the  4th  day  of  April,  I860,  at  the  opening  of  the  court 
on  that  day,  or  as  soon  thereafter  as  a  hearing  can  be  had,  for  a  Ucense  to  be 

granted  to  the  undersigned  to  keep  a  ferry  across  the  river from  the 

termination  of  the  highway  running  tlirough  your  land  to  (give  a  particular 
description  of  the  location  of  the  ferry). 

Yours,  &c., 

March  20,  1860.  B.  A. 


No.    2. 

PROOF   OF    SERVICl.    oV    1  i  REG'JING   NOTICE. 

County  of  Columbia,  City  of  Hudson,  ss.  Gr.  H.  of  said  city,  being  sworn,  says, 
that  at  the  town  of  G-reenport,  in  said  county,  on  the  21st  day  of  March,  1860, 
he  personally  served  on  D.  O.  the  within  notice,  and  such  service  was  made 
by  delivering  to  and  leaving  with  him,  the  said  D.  C,  a  true  copy  of  the  same. 

G.  H. 

Sworn,  &c. 


No.     3. 

APPLICATION   FOR   A   FERRY   BY  AN  OWNER  OF   THE  LAND  WHERE  A  FERRY  IS   TO  BB 

SITUATED. 

To  the  Hon.  the  County  Court  of  Columbia  County : 

The  application  of  B.  A.,  of  the  town  of  Greenport,  in  said  county,  respect- 
fully showeth  :  That  he  is  the  owner  of  the  land  in  said  town,  on  the  bank  of 
the  Hudson  river,  through  (or  near)  which  the  public  highway  runs,  leading 
from  the  village  in  said  town  to  the  said  river,  and  that  a  ferry  ought  to  be 
established,  for  the  convenience  and  accommodation  of  the  public,  across  the 
said  river  at  the  place  aforesaid :  Wherefore,  the  undersigned,  B.  A.,  hereby 
applies  to  the  said  court  to  grant  him  a  license  to  establish  such  ferry,  on  hi? 
complying  with  the  statute  in  such  case  male  and  provided, 

B.  A. 

March  21,  1860. 


244  THE  CLERK'S  ASSISTANT. 

ISTo.    4. 

APPLICATION    FOR   A   FERRY    BY    A    PERSON    NOT    OWNING    THE    LAND. 

To  tlie  Hon.  the  Columbia  County  Court : 

The  petition  of  B.  A.  respectfully  showeth  that  he  is  a  resident  of  the  town 
of  Greeiiport,  in  said  county,  and  that  a  ferry  ought  to  be  established,  for  the 
accommodation  and  convenience  of  the  public,  across  the  Hudson  river,  at  the 
place  where  the  public  highway  crosses  the  land  of  D.  C.  to  the  said  river, 
and  the  said  D.  C,  who  is  the  owner  of  the  land  through  which  the  highway 
runs  as  aforesaid,  having  neglected  to  make  application  for  such  license,  due 
service  of  the  notice  of  this  application  having  been  served  upon  him,  as 
appears  by  a  copy  of  said  notice  and  proof  of  service  thereof  hereunto 
annexed  :  Wherefore,  the  undersigned  petitions  tliis  honorable  court  to  grant 
him  a  license  to  establish  such  ferry,  on  his  compliance  with  the  provisions  of 
the  statute  in  such  case  made  and  provided.  And  your  petitioner  will  ever 
pray,  Szc. 

B.  A 

March  22d,  1869. 


N"o.    5. 

RECOGNIZANCE. 

Stat£  of  New  York,  County  of  Columbia,  ss.  Be  it  remembered,  that  I,  B. 
A.,  of  the  town  of  Greenport,  in  said  county,  do  acknowledge  myself  hereby 
indebted  to  the  People  of  the  State  of  New  York,  in  the  just  and  full  sum  of 
SlOO,  to  be  well  and  truly  paid  to  the  said  People  if  default  shall  be  made  in 
the  conditions  following : 

Whereas,  I,  the  said  B.  A.,  have  this  day  applied  to  the  Columbia  County 
Court  for  a  license  to  keep  a  ferry  upon  the  Hudson  river,  in  the  town  of 
Greenport,  in  said  county  :  Now  the  condition  of  this  recognizance  is  such, 
that  if  I,  the  said  B.  A.,  shall  faithfully  attend  and  keep  the  said  ferry,  pro- 
vided a  license  be  granted  for  that  purpose  as  aforesaid,  with  such  and  so 
many  sufficient  and  safe  boats,  and  a  sufficient  number  of  m^n  to  work  the 
same,  together  with  sufficient  implements  for  said  ferry  as  shall  be  deemed 
necessary  during  the  several  hours  in  each  day.  and  at  such  rates  as  this  court 
shall  direct,  then  this  recognizance  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 

B.  A.  [l.  s.l 

Subscribed  and  acknowledged  in  open  Court,  ) 
this  4th  day  of  Ap'il.  1~  60,  before  me,        J 

R.  P.,    County  Clerk  of  Columbia  County 


No.  6. 

LICENSE   FOR    A    FERRY. 

At  a  County  Court  held  in  the  court  house  in  the  city  of  Hudson,  in  and  for 
the  county  of  Columbia,  the  4th  day  of  April,  1860. 

Present — Hon.  G.  0.,  County  Judge. 

Whereas,  B.  A.,  of  the  town  of  Greenport,  in  said  county,  has  made  appli- 
cation for  a  license  to  keep  a  ferry  across  the  Hudson  river  at  Greenport  afore- 
said, it  is  hereby  ordered  and  determined,  that  this  license  be  granted  to  the 
said  B.  A.  to  keep  a  ferry  at  the  town  of  Greenport  (here  describe  the  place 
particularly),  for  the  term  of  three  years  from  this  date.     And  the  said  B.  A. 


FERRIES.  245 

is  allowed  to  collect  and  receive  ferriage  for  the  transportation  of  travelers, 
property  and  effects,  over  and  across  the  said  ferry,  at  and  after  the  following 
rates,  and  for  no  greater  sum  or  sums  for  such  transportation,  viz. :  (give  the 
rates.) 

P.  R.,   Clerk. 


No.  7. 

CERTIFICATE    OF    CLERK    INDORSED    ON    A    COPY. 

State  of  New  York,  County  of  Columbia,  ss.  I  do  hereby  certify  that  I 
have  compared  the  within  copy  of  a  Ucense  with  the  original  this  day  entered 
of  record  in  this  court,  and  that  the  same  is  a  correct  copy  thereof  and  of  the 
whole  of  said  original. 

In  testimony  whereof,  I  have  hereunto  affixed  my  name,  and  my  official 
seal,  this  4th  day  of  April,  1860. 

P.  R,  |l.  s. 

Clerk. 


CHAPTER  XXI. 

HIGHWAYS. 

The  electors  of  eacli  town  shall  have  power  at  their  annual 
town  meeting,  to  determine  by  resolution  whether  there  shall  be 
chosen  one  or  three  Highway  Commissioners,  and  the  number  so 
determined  upon  shall  be  balloted  for  and  chosen ;  and  if  only 
one  shall  be  determined  upon  and  chosen,  he  shall  possess  all  the 
powers  and  discharge  all  the  duties  of  -Commissioners  of  High- 
ways as  prescribed  by  law,  and  shall  hold  his  office  for  one  year. 
And  whenever  three  Commissioners  are  chosen,  they  are  to  be 
divided  into  three  classes,  one  to  hold  for  one  year,  one  for  two 
vears,  and  one  for  three  years ;  and  thereafter  there  shall  be  one 
Commissioner  elected  annually  who  shall  hold  his  office  for  three 
years,  and  until  a  successor  shall  be  duly  elected  or  appointed. 
Any  Commissioner  elected  to  fill  a  vacancy  shall  hold  only  for 
the  unexpired  term  which  shall  have  become  vacant.  "When  any 
vacancy  shall  happen  by  death,  removal,  resignation,  neglect  to 
qualify,  or  refusal  to  serve,  any  three  Justices  of  the  town,  or 
two  Justices  and  a  Supervisor,  shall  appoint  one  to  fill  the  va- 
,  cancy  until  the  next  annual  town  meeting. 

Every  Commissioner  of  Highways  is  authorized  to  administer 
oaths  to  any  witnesses  or  juries,  in  proceedings  which  may  be  had 
by  or  before  them. 

Any  town,  having  determined  on  and  elected  three  Commis- 
sioners, may  reduce  the  number  to  two,  or  to  but  one,  by  a  reso- 
lution passed  to  that  effect ;  and  when  such  resolution  shall  have 
been  passed,  no  other  Commissioner  shall  be  elected  or  appointed 
until  the  term  or  terms  of  those  in  office  at  the  time  of  adopting 
such  resolution  shall  expire  or  become  vacant,  and  they  shall 
have  power  to  act  until  their  terms  shall  severally  become  vacant, 
or  expire,  as  fully  as  if  the  three  continued  in  office. 


HIGHWAYS.  247 

Each  Commissioner  shall,  before  entering  upon  the  duties  of 
Lis  office,  and  within  ten  days  after  notice  of  his  election  or 
appointment,  execute  to  the  Supervisor  of  his  town  a  bond,  with 
two  sureties,  to  be  approved  by  him,  in  the  penal  sum  of  one 
thousand  dollars,  conditioned  that  he  will  faithfully  discharge  the 
duties  of  his  ofl&ce,  and  within  ten  days  after  expiration  of  his 
term  of  office,  pay  over  to  his  successor  what  money  may  be 
remaining  in  his  hands  as  such  Commissioner,  and  render  to  such 
successor  a  true  account  of  all  moneys  received  and  paid  out  by 
him  as  such  Commissioner. 

Commissioners  are  also,  ex  officio^  fence  viewers  for  their 
respective  towns. 

Commissioners  of  Highways  have  the  care  and  superintend- 
ence of  the  highways  and  bridges  in  their  towns ;  and  it  is  their 
duty: 

To  give  directions  for  the  repairing  of  the  roads  and  bridges 
vvitbin  their  respective  towns. 

To  regulate  the  roads  already  laid  out,  and  to  alter  such  of 
rliem  as  they,  or  a  majority  of  theni,  shall  deem  inconvenient. 

To  cause  such  of  the  roads  used  as  highways  as  shall  have  been 
laid  out,  but  not  sufficiently  described,  and  such  as  shall  have 
been  used  for  twenty  years,  but  not  recorded,  to  be  ascertained, 
described  and  entered  of  record  in  the  town  clerk's  office. 

To  cause  the  highways  and  bridges  which  are  or  may  be 
erected  over  streams  intersecting  highways,  to  be  kept  in  repair. 

To  divide  their  respective  towns  into  so  many  road  districts  as 
they  shall  judge  convenient;  such  division  to  be  made  annually, 
if  they  shall  think  it  necessary. 

To  assign  to  each  of  the  said  road  districts  such  of  the  inhabi- 
tants as  they  shall  think  proper,  having  regard  to  proximity  of 
residence  as  much  as  may  be.  And  whenever  a  road  has 
been  laid  out  and  not  worked  for  more  than  a  year,  and  any 
number  of  inhabitants  of  the  town  through  which  such  road  has 
been  laid  out,  shall  have  given  ten  days'  notice  to  the  Commission- 
ers of  said  town  that  they  desire  to  apply  the  whole  or  any  part 
of  their  highway  labor  to  the  working  of  said  road,  the  said  Com- 
missioners shall  forthwith  assign  the  inhabitants  to  such  road, 
and  direct  the  same  to  be  worked  under  the  direction  of  any  of 
the  said  inhabitants  whom  such  Commissioners  may  appoint  as 


248  THE  CLERK'S  ASSISTANT. 

an  overseer  of  tlie  labor  so  to  be  applied  to  sucli  road ;  and  when 
necessary,  they  may  anticipate  tlie  whole  or  any  part  of  the  labor 
assessed  and  to  be  assessed  for  a  period  not  exceeding  three  years. 

To  require  the  Overseers  of  Highways,  from  time  to  time,  and 
as  often  as  they  shall  deem  necessary,  to  warn  all  persons  assessed 
to  work  on  highways,  to  come  and  work  thereon,  with  such  im- 
plements, carriages,  cattle,  or  sleds,  as  the  said  commissioners,  or 
any  one  of  them,  shall  direct. 

To  lay  out,  on  actual  survey,  such  new  roads  in  their  respec- 
tive towns  as  they  may  deem  necessary  and  proper,  and  to  dis- 
continue such  old  roads  and  highways  as  shall  appear  to  them, 
on  the  oaths  of  twelve  freeholders  of  the  same  town,  to  have  be- 
come necessary. 

To  render  an  account  annually  to  the  board  of  town  auditors, 
stating  the  labor  assessed  and  performed  in  such  town,  the  sums 
received  by  such  Commissioners  for  fines  and  commutations,  and 
all  others  received  by  him  in  regard  to  roads  and  bridges ;  the 
improvements  which  have  been  made  on  the  roads  and  bridges, 
and  an  account  of  their  state,  and  a  statement  of  the  improve- 
ments necessary  to  be  made  on  such  roads  and  bridges,  and  an 
estimate  of  the  probable  expense  of  making  the  same  beyond 
what  the  labor  to  be  assessed  in  that  year  will  accomplish. 

To  deliver  to  the  Supervisor  of  their  respective  towns  a  state 
ment  of  the  improvements  necessary  to  be  made  on  the  roads  and 
bridges,  together  with  the  probable  expense  thereof. 

To  apply  in  open  town  meeting  for  a  vote  authorizing  an  ad- 
ditional sum  to  be  raised  for  the  improvement  of  roads  and 
bridges,  when  they  shall  deem  the  sum  now  provided  by  law  will 
be  insufficient. 

To  cause  mile-boards  or  stones  to  be  erected  where  not  already 
erected,  on  the  post  roads  and  such  other  public  roads  in  their 
town  as  they  may  think  proper,  at  the  distance  of  one  mile  from 
each  other,  with  such  fair  and  legible  inscriptions  as  they  may 
think  proper. 

To  cause  guide-posts,  with  proper  inscriptions,  to  be  erected  at 
the  intersection  of  all  the  post  roads,  and  at  the  intersection  of 
such  other  roads  in  the  town  as  thc}^  may  deem  necessary. 


HIGHWAYS.  249 

Tc  direct  and  empower  any  Overseer  of  Higliways  to  procure 
a  good  and  sufficient  iron  or  steel-shod  scraper  and  plow,  or  either 
of  them,  for  the  use  of  his  road  district. 

To  prosecute  the  Overseers  of  Highways  in  certain  cases, 
where  they  liave  refused  or  neglected  to  perform  their  duties. 

As  many  Overseers  of  Highways  are  to  be  elected  in  the  seve- 
ral towns  as  there  are  road  districts  in  such  towns  ;  and  it  is  their 
duty: 

To  repair  and  keep  in  order  the  highways  within  the  several 
districts  for  which  they  shall  have  been  elected. 

To  warn  all  persons  assessed  to  work  on  the  highway's,  in  their 
respective  districts,  to  come  and  work  thereon. 

To  cause  the  noxious  weeds  on  each  side  of  the  highway  with- 
in their  respective  districts,  to  be  cut  down  or  destroyed  twice  in 
each  year — once  before  the  first  day  of  July,  and  again  before 
the  first  day  of  September. 

To  collect  all  fines  and  commutation  money,  and  to  execute 
all  lawful  orders  of  the  commissioners. 

To  cause  all  loose  stones  to  be  removed  from  the  beaten  track 
of  every  road  in  their  respective  districts,  once  in  every  month, 
from  the  first  day  of  April  to  the  first  day  of  December. 

To  cause  the  monuments  erected  as  the  boundaries  of  highways, 
to  be  kept  up  and  renewed,  and  the  guide  posts  to  be  maintained 
and  kept  in  repair. 

To  make  additional  assessments  for  the  improvement  of  the 
roads  or  to  procure  an  iron  or  steel  shod  scraper  or  plow,  when 
the  original  assessment  is  not  sufficient. 

Every  person,  owning  or  occupying  land  in  the  town  in  which 
he  or  she  resides,  and  every  male  inhabitant  above  the  age  of 
twenty-one  years  residing  in  the  town,  where  the  assessment  is 
made,  shall  be  assessed  to  work  on  the  public  highways  in  such 
town ;  and  the  lands  of  non-residents,  situated  in  such  town  shall 
be  assessed  for  highway  labor.  Lands  of  non-residents  occupied 
and  improved  shall  be  liable  to  the  same  assessments  as  residents. 

The  overseer  of  highways  is  to  furnisli  the  Town  Clerk  the 
names  of  all  the  inhabitants  of  his  road  district  who  are  liable  to 
work  on  the  highways,  and  the  commissioners  are  to  make  out  a 
list  of  the  property  to  be  assessed  for  highway  purposes,  describ- 
ing the  same  in  the  same  manner  as  is  done  by  the  Assessor,  and 
32 


250  THE  CLERK'S  ASSISTANT. 

the  same  value  is  to  be  affixed  thereto,  and  the  commissioners  are 
to  ascertain,  estimate  and  assess  the  highway  labor  to  be  per- 
formed in  their  town  the  then  ensuing  year.  The  whole  number 
of  days'  work  to  be  assessed  in  each  year  shall  be  ascertained, 
and  shall  be  at  least  three_  times  the  number  of  ta:j^able  inhabi- 
tants in  the  town,  every  male  inhabitant  being  above  the  age  of 
twenty-one  years  (except  ministers  of  the  Gospel,  and  priests  of 
every  denomination,  paupers  and  idiots,  and  lunatics),  shall  be 
assessed  at  least  one  day.  The  residue  of  such  work  is  to  be 
assessed  and  apportioned  upon  all  the  estate,  real  and  personal 
in  the  town,  as  the  same  shall  appear  by  the  last  assessment  roll 
of  the  town,  including  property  of  non-residents  as  well  as  resi- 
dents, and  all  moneyed  or  stock  corporations. 

When  the  Commissioners  have  completed  their  lists  of  assess- 
ment, they  are  to  give  them  to  the  Town  Clerk,  who  is  to  make 
a  copy  of  each  list  and  subscribe  the  same,  and  cause  the  several 
copies  to  be  delivered  to  the  respective  Overseers  of  Highways 
of  the  several  districts  in  which  the  highway  labor  is  assessed. 
If  the  names  of  any  persons  have  been  left  out,  they  are  to  be 
added  by  the  Overseers,  and  they  are  to  rate  them  in  proportion 
to  their  real  and  personal  estate. 

Any  non-resident  owner  feeling  himself  aggrieved  by  the 
assessment  of  any  Commissioners  of  Highways,  he,  or  his  agent, 
within  thirty  daj^s  after  such  assessment,  may  appeal  to  the 
County  Judge  of  the  county  where  the  land  is  situated,  and  the 
judge  within  twenty  days  thereafter  is  to  decide  on  such  appeal, 
and  his  decision  shall  be  final  and  conclusive  between  the  parties. 

Persons  living  on  private  roads  which  they  work,  are  to  be 
credited  so  much. work  on  their  assessments  as  the  Commis- 
sioners may  deem  necessary  to  work  such  private  roads. 

The  Overseers  of  Highways  are  to  give  all  persons  residing  in 
their  respective  districts  assessed  to  work  highways  at  least 
twenty-four  hours'  notice,  when  and  where  they  are  to  work,  and 
with  what  implements :  and  he  is  to  give  a  like  notice  of  five 
days  to  the  agent  of  any  non-resident  who  is  assessed  in  his 
district.  And  every  person  so  notified  may  elect  to  commute 
either  for  the  whole  number  of  days  he  may  be  assessed  to  work 
or  for  some  part  thereof,  at  the  rate  of  sixty-two  and  a  half  cents 
for  each  day,  but  such  commutation  money  must  be  paid  into  the 


HIGHWAYS.  251 

hands  of  the  Overseer  -within  twenty-four  hours  after  such  per- 
son shall  have  been  notified  to  appear  and  work  on  the  high- 
ways. 

Every  person  assessed  and  notified  to  appear  and  not  commut- 
ing who  shall  refuse  or  neglect  to  appear,  shall  forfeit  for  every 
day's  refusal  or  neglect  the  sum  of  one  dollar.  If  he  was  re- 
quired to  furnish  a  team,  carriage,  man  or  implements,  and  shall 
refuse  or  neglect  to  comply,  he  shall  be  fined  as  follows :  For 
wholly  omitting  to  comply  with  such  requisition,  three  dollars 
for  each  day ;  for  omitting  to  furnish  a  cart,  wagon  or  plow, 
one  dollar  for  each  day  ;  for  omitting  to  furnish  a  pair  of  hbrses 
or  oxen,  one  dollar  for  each  day  ;  for  omitting  to  furnish  a  man 
to  manage  the  team,  one  dollar. 

It  is  the  duty  of  the  overseer,  within  six  days  after  such  re- 
fusal or  neglect,  unless  a  satisfactory  excuse  shall  be  rendered  to 
him  for  such  refusal  or  neglect,  to  make  complaint  to  one  of  the 
Justices  of  the  Peace  of  the  town.  And  the  fine  when  collected 
is  to  be  paid  over  to  the  overseer  to  be  expended  in  improving 
the  roads  and  bridges  in  the  district  of  which  he  is  overseer. 

The  overseer  is  to  make  an  annual  report,  on  the  second  Tues- 
day preceding  the  time  of  holding  the  town  meeting,  verified 
by  his  oath,  containing  a  history  of  the  whole  proceedings  as 
such  overseer. 

Every  person  liable  to  be  assessed  for  highway  labor,  whether 
a  resident  of  the  town  or  not,  may  apply  in  writing  to  the  Com- 
missioners of  highways  in  the  town  in  which  his  lands  are  situa- 
ted to  alter,  discontinue  or  to  lay  out  any  road  through  the  same. 
And  the  Commissioners,  either  upon  such  application  or  other- 
wise, whenever  they  shall  lay  out,  alter  or  discontinue  any  road, 
shall  cause  a  survey  to  be  made  of  such  road,  and  shall  incor- 
porate such  survey  in  an  order  to  be  signed  by  them  and  to  be 
filed  and  recorded  in  the  office  of  the  town  clerk.  And  the  town 
clerk  shall  post  a  copy  of  such  order  on  the  door  of  the  house 
where  the  town  meeting  is  usually  held,  and  the  time  limited  for 
appealing  from  any  such  order  shall  be  computed  from  the  time 
of  recording  the  same. 

Pablic  or  private  roads  are  not  to  be  laid  out  through  anv 
orchard  of  four  years'  growth,  or  any  garden  cultivated  for  four 
years  or  more,  or  through  any  buildings,  fixtures  or  erections  for 


252  THE  CLERK'S  ASSISTANT. 

the  purposes  of  trade  or  manufactures,  without  tLe  consent  of  the 
owner.  Nor  sliall  a  road  be  laid  out  through  improved  or  cul- 
tivated land  without  such  consent,  unless  certified  to  be  necessary 
by  the  oath  of  twelve  reputable  freeholders  of  the  town. 

Every  person  applying  for  laying  out  a  highway  shall  cause 
notice  to  be  posted  up  at  three  most  public  places  of  the  town, 
specifying  the  route  of  the  road  and  the  time  and  place  at  which 
the  freeholders  will  meet ;  such  notice  to  be  posted  up  six  days 
previous  to  the  time  of  meeting,  A  like  notice  must  also  be  served 
on  the  occupant  of  the  land  through  which  the  road  is  to  run. 
If  twelve  respectable  freeholders,  not  interested  in  the  lands  to 
be  taken,  shall  appear  at  the  time  and  place  specified  in  the 
notice,  they  are  to  be  sworn  by  some  person  authorized  to  ad- 
minister oaths,  and  shall  examine  the  route  of  such  highway  and 
if  in  their  opinion  such  highway  is  necessary  and  proper,  they 
shall  make  and  subscribe  a  certificate  in  writing  to  that  effect  and 
deliver  it  to  the  Commissioners.  The  Commissioners  are  to  meet 
at  the  same  time,  and  to  hear  any  reasons  that  may  be  given  for 
or  against  the  road ;  and  if  they  determine  to  lay  out  the  road 
they  are  to  make  out  a  certificate  describing  such  road  particu- 
larly and  deposit  it  with  the  Town  Clerk.  The  damages  to  be 
allowed  for  altering  or  opening  roads  are  to  be  assessed  by  three 
Commissioners  to  be  appointed  by  the  County  Court,  and  a  copy 
of  their  assessment  is  to  be  filed  with  the  town  clerk.  Any  per- 
son feeling  himself  aggrieved  by  such  assessment  mny  appeal 
therefrom  and  ask  for  a  jury  to  reassess  the  damages.  The  jury 
are  to  be  drawn  at  the  clerk's  office  of  an  adjoining  town  of  the 
same  county  by  the  Town  Clerk  thereof,  from  those  whose  names 
are  on  the  last  list  filed  in  said  Town  Clerk's  office  of  those  select- 
ed and  returned  as  jurors  to  serve  in  Courts  of  Record.  Twelve 
persons  are  to  be  drawn  as  jurors,  who  are  to  be  summoned  by 
a  Justice  of  the  Peace  of  the  town  where  the  damages  are  to  be 
assessed.  The  summons  is  to  specify  the  time  and  place  of  meet- 
ing and  to  be  served  by  a  Constable.  Upon  such  persons  ap- 
pearing, the  Justice,  who  issued  the  summons,  shall  draw  by  lot 
six  persons  to  serve  as  a  jury,  who  shall  reassess  the  damages 
required  to  be  reassessed,  and  deliver  their  certificate  of  such  re- 
assessment to  the  Commissioners,  and  such  assessment  shall  be 
final. 


HIGHWAYS.  ^53 

All  public  roads  to  be  laid  out  bj'  the  Commissioners  of  High- 
ways shall  not  be  less  than  three  rods  wide,  and  all  private  roads 
shall  not  be  more  than  three  rods  wide. 

Any  person  conceiving  himself  aggrieved  by  any  determina- 
tion of  the  Commissioners  of  Highways,  either  in  laying  out, 
altering  or  discontinuing  any  road,  or  in  refusing  to  lay  out, 
alter  or  discontinue  any  road,  may  at  any  time  within  sixty  days 
after  such  determination  shall  have  been  filed  in  the  office  of  the 
Town  Clerk,  appeal  to  the  County  Judge  of  the  county,  and 
such  Judge,  or  in  case  of  his  dis'ability,  for  any  cause,  then 
one  of  the  Justices  of  the  Sessions  shall,  after  the  expiration  of 
said  sixty  days,  appoint  in  writing  three  disinterested  freeholders, 
as  referees,  to  hear  and  determine  all  the  appeals  that  may  have 
been  brought  within  the  sixty  days.  Such  referees  are  to  tive 
a  notice  of  their  meeting  to  the  proper  parties,  and  at  the  time 
and  place  mentioned  in  the  notice  are  to  meet  and  hear  the  proofs 
and  allegations  of  the  parties.  They  have  power  to  issue  pro- 
cess to  compel  the  attendance  of  witnesses,  and  may  adjourn 
from  time  to  time,  as  may  be  necessary.  Their  decision,  or  that 
of  any  two  of  them,  shall  be  conclusive  in  the  premises,  and 
shall  be  reduced  to  writing,  be  signed  by  the  referees  making  it, 
and  be  filed  by  them  in  the  office  of  the  Town  Clerk  of  the  town, 
who  shall  record  the  same.  Each  of  said  referees  shall  be  enti- 
tled to  receive  two  dollars  for  every  day  employed  in  the  hear- 
ing and  decision  of  such  appeal  or  appeals,  to  be  paid  by  the 
party  appealing  where  the  determination  of  the  Commissioners' 
shall  be  confirmed;  but  where  it  is  reversed,  to  be  a  charge 
upon  the  county.  Their  decision  is  to  be  carried  out  by  the 
Commissioners  of  Highways  of  the  town,  if  such  decision  is  in 
favor  of  laying  out,  altering,  or  discontinuing  any  road,  in  whole 
or  in  part. 

Whenever  a  public  road  shall  have  been  laid  out  through 
inclosed  lands,  and  the  determination  laying  out  such  road  sliall 
not  have  been  appealed  from,  the  Commissioners  shall  give  sixty 
days'  notice  to  the  owner  or  occupant  to  remove  his  fences  ;  if 
the  determination  of  the  Commissioners  has  been  appealed  from, 
then  the  sixty  days'  notice  shall  be  given  after  the  decision  of  the 
judges  upon  such  appeal  shall  have  been  filed  in  the  office  of  the 
Town  Clerk. 


254  THE  CLERK'S  ASSISTANT. 

Every  public  higliway  laid  out  that  shall  not  be  opened  and 
worked  within  six  years  from  the  time  of  its  being  so  laid  out, 
shall  cease  to  be  a  road  for  any  purpose.  Whenever  any  turn 
pike  company  shall  become  dissolved,  or  the  road  discontinued, 
its  road  shall  become  a  public  highway. 

Where  a  highway  has  been  encroached  upon  by  fences  erected 
bv  any  occupant  of  the  land,  the  Commissioners  of  Highways 
of  the  town  shall,  if  in  their  opinion  it  be  deemed  necessary, 
order  such  fences  to  be  removed,  so  that  such  highway  may  be 
of  the  breadth  originally  intended.  The  order  of  removal  is  to 
be  reduced  to  writing  and  signed  by  each  of  the  Commissioners, 
and  they  are  to  give  notice  in  writing  to  the  occupant  of  the 
land,  to  remove  such  fence  within  sixty  days.  If  such  removal 
shall  not  be  made  within  the  sixty  days,  the  occupant  shall  for- 
feit the  sum  of  fifty  cents  per  day  for  every  day  after  the  expi- 
ration of  that  time  for  which  such  fence  shall  be  unremoved. 
And  the  Commissioners  may  cause  the  same  to  be  removed  at 
the  expense  of  the  occupant. 

K  the  occupant  to  whom  notice  is  given  shall,  within  five  days, 
deny  such  encroachment,  the  Commissioners,  or  some  one  of 
them,  shall  apply  to  any  Justice  of  the  Peace  of  the  county  for  a 
precept,  directed  to  any  Constable  of  the  town,  to  summon  twelve 
freeholders  thereof  to  meet  at  a  certain  day  and  place  to  be  spe- 
cified in  such  precept,  and  not  less  than  four  days  after  issuing 
thereof,  to  inquire  into  the  premises.  On  the  trial,  if  the  jury 
find  that  an  encroachment  has  been  made,  they  shall  make  and 
subscribe  a  certificate  in  writing  stating  the  particulars  of  such 
encroachment,  and  by  whom  made,  which  shall  be  filed  in  the 
office  of  the  Town  Clerk.  The  occupant  shall  remove  his  fences 
within  sixty  days  after  the  filing  of  such  certificate.  But  no 
person  shall  be  required  to  remove  an}^  fence  under  the  forego, 
ing  proceedings  except  between  the  first  day  of  April  and  the 
first  day  of  November  in  any  year. 

The  party,  against  whom  judgment  is  rendered,  may,  within 
sixty  da3's  after  filing  the  certificate  of  the  jury,  appeal  from  the 
finding  and  judgment,  to  the  county  court  of  the  same  3ounty. 
(Laws  of  1862,  p.  440.) 


FORMS 


ISo.  X. 

CONSTITUTIONAL   OATH   OF   COMMISSIOjnSR   OF   HIGHWAYS. 

County  of  Chenango,  ss.  C.  C.  being  sworn,  says,  that  he  will  support  the 
Constitution  of  the  United  States,  the  Constitution  of  the  State  of  New 
York,  and  will  faithfully  perform  the  duties  of  CominJ^sionei  of  Highways 
of  the  town  of  Columbus  to  the  best  of  his  abihty. 

0.0. 
Sworn  before  me  this  5th  } 
day  of  April,  1860,        f 

B.  B.,  County  Clerk. 


ISO.    3, 

BOND    OF   COMMISSIONER. 

Know  all  men  by  these  presents :  That  we,  A.  B.,  C.  D.  and  E.  P.,  of  the 
town  of  Columbus,  county  of  Chenango,  are  held  and  firmly  bound  unto  Q-. 
H.  of  said  town  in  the  sum  of  $1,000,  to  be  paid  the  said  G-.  H.  or  his  suc- 
cessor in  office;  to  which  payment  well  and  truly  to  be  made  we  bind  our- 
selves, our  and  each  of  our  heirs,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  April  10,  18G0. 

Whereas,  the  said  A.  B.  has  been  duly  elected  (or  appointed)  a  Commis- 
sioner of  Highways,  in  and  for  said  town,  to  serve  for  the  period  of  one  (or 
three)  year  from  the  4th  day  of  March,  ISUO  {or  appointed  to  serve  until  the 
3d  day  of  March  next)  and  until  a  successor  shall  be  elected  or  chosen.  Now, 
therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said  A.  B.  shall 
discharge  his  duties  faithfully  as  such  Commissioner,  and  pay  over  to  his  suc- 
cessor in  office,  within  ten  days  after  the  expiration  of  his  term  of  office,  what 
money  may  be  remaining  in  his  hands  as  such  Commissioner  of  Highways, 
and  render  a  true  account  to  such  successor  of  all  moneys  received  and  paid 
out  by  hiiTi  as  such  Commissioner,  then  the  above  obligation  to  be  void,  other- 
wise to  remain  in  full  force  and  virtue. 

A.  B.  [h.  3.  J 
C.  D.  [l.  s.] 
E.  F.    [L.  s.] 

I  approve  of  the  "vntliin  bond  as  to  the  form  and  sufficiency  thereof.  March 
5,  1860. 

G.  H., 
Supervisor  of  the  town  of  Columbm. 


256  THE  CLEKlvS  ASSISTANT. 

3V  o .  ;j  . 

APPOINTMENT    OF  A    COM.MISSIONK!:    TO    FILL    A    VACANCY. 

County  of  Rensselaer.  Town  of  A^assau,  ss.  B.  B.,  who  was  dulj'  elected 
(or  appointed)  a  Commissioner  of  Hip^liAvays  in  and  for  said  town,  to  hold  said 
office  until  the  10th  day  of  March,  18G1,  has  resigned  (or  deceased,  o?'  removed 
from  said  town)  and  by  reason  thereof  a  vacancy  exists  "u  the  office  of  Com- 
missioner of  Highways. 

Now  we,  the  undersigned,  the  Supervisor  and  two  Justices  of  the  Peace 
(or  three  Justices  of  the  Peace  of  said  town),  do  hereby  appoint  C.  C.  to 
serve  as  such  Commissioner  in  the  place  and  stead  of  the  said  B.  B..  until 
the  next  annual  meeting  to  be  held  in  said  town. 
Witness  our  hands  the  11th  day  of  April,  1860. 

L.  M., 

Sti2:)ervisor. 
D.  E., 
M.  D., 
Justices  of  the  Peace. 


1 


Ifo.    4. 

ORDER   DIVIDING   A    TOWN    INTO    ROAD    DISTRICTS. 

The  undersigned,  Commissioners  of  Highways  of  the  town  of  Bern  (or  the 
undersigned,  two  of  the  Commissioners  of  Highways  of  the  town  of  IBern), 
all  the  Commissioners  of  said  town,  having  met  and  deliberated  on  the  sub- 
ject embraced  in  this  order  (or  the  undersigned,  two  of  the  Commissioners  of 
Highways  of  the  town  of  Bern,  having  met  and  deliberated  on  the  subject 
embraced  in  this  order,  all  the  Commissioners  of  Highways  of  said  town 
having  been  duly  notified  to  attend  the  said  meeting  of  the  Commissioners  to 
deliberate  thereon),  do  hereby  order  that  the  said  town  be,  and  it  hereby  is 
divided  into  ten  road  districts,  as  follows,  to  wit : 

Eoad  district  number  one  shall  include  (insert  such  a  description  as  to  in- 
clude the  intended  highways,  and  the  inhabitants  on  or  near  the  same).  And 
all  the  inhabitants  liable  to  work  on  highways  residing  therein  shall  be,  and 
are  hereby  assigned  to  work  on  said  district  number  one.  (And  if  any  in- 
habitants residing  out  of  the  district  be  assigned  to  work  therein,  insert  as  fol- 
lows): And  the  following  inhabitants  residing  out  of  said  district,  are  assigned 
at  d  required  to  work  within  the  same,  to  wit,  A.  B.  and  C.  D.  District  num- 
ber two,  &c.  (proceed  in  like  manner  until  all  are  described). 

In  witness  whereof,  we  have  hereto  subscribed  our  hands  this  10th  day  of 
April,  18G0. 

J.  C, 
H.  D., 

T.  J., 
Commissioners. 


ISo  .    5. 

APPOINTMENT   OF   OVERSEER   BY   WARRANT   OF   COMMISSIONERS,    WHERE   A 
VACANCY  OCCURS. 

Toivn  of  Dover,  Dutchess  County,  ss.  Whereas,  a  vacancy  has  occurred  in  the 
office  of  Overseer  of  Highways  for  road  district  number  ten  of  said  town,  by  rea- 
son of  the  refusal  of  A.  B.,  duly  elected  to  said  office,  to  serve  (or  as  the  case 
may  be).  Now,  therefore,  by  virtue  of  the  power  vested  in  us  by  the  statute  in 
such  case  made,  we,  the  undersigned  Commissioners  of  Highways  of  said  town 


HIGHWAYS. 


257 


(or  the  undersigned,  two  of  the  Commissioners  of  Highways  of  said  town,  all 
the  Commissioners  of  said  town),  having  met  and  deliberated  on  the  subject 
embraced  in  this  Avarrant  {or  the  undersigned,  two  of  the  Commissioners  of 
Highways  of  the  town  of  Dover  atbresaid,  liaving  met  and  dehberated  on  the 
subject  embraced  in  this  warrant,  all  the  Commissioners  of  Highways  in  said 
town  having  been  duly  notified  to  attend  the  said  meeting  of  the  Commis- 
sioners to  deliberate  thereon),  do  hereby,  in  order  to  fill  such  vacancy,  ap- 
point B.  C.  Overseer  of  Highways  of  and  for  said  road  district  number  ten 
in  said  town. 

In  witness  whereof,  we  have  hereto  placed  our  hands  this  lltlj  day  of 
April,  1860. 

J".  C, 
H.  D., 
T.  J., 
Commissioners. 

No.    6. 

overseer's    list    of    persons    in    his    district  liable    to    highway  labor,  to  Bh 
DELIVERED    BY    HIM    TO    THE    TOWN    CLERK, 

I,  A.  B.,  Overseer  of  Highways  for  road  district  number  ten,  of  the  town 
of  Bern,  do  hereby  certify,  that  the  following  is  a  true  list  made  by  me  of  all 
the  inhabitants  in  said  road  district  number  ten,  who  are  liable  to  work  on  the 
highways.     Dated  the  10th  day  of  April,  18G0. 


names. 

NAMES. 

A    B. 
C.  D. 

G.  H. 
E.  F. 

A.  B., 

Overseer. 


IVo.     <7. 

LIST   AND    STATEMENT,    OF    NON-RESIDENT    LANDS   BY  COMMISSIONERS. 

The  Commissioners  of  Highways  of  the  town  of  Dover,  at  a  meeting  ol 
which  due  notice  was  given  to  all  the  Commissioners  of  Highways  ofsaid 
town,  and  held  on  the  6th  day  of  April,  in  the  year  1860,  have  made  out  the 
following  list  and  statement  of  the  contents  of  all  lots,  pieces,  or  parcels  of 
land  within  said  town  of  Dover,  owned  by  non-residents  therein,  through 
which  any  road  in  said  town  doth  run,  or  which  bound  upon  or  joins  any 
road,  and  which  in  the  judgment  of  the  said  Commissioners  will  be  enhanced 
in  value  by  the  highway  labor  to  be  assessed  thereon.  Dated  this  8th  day  of 
April,  1860. 


NUMBER  CF    ROAD 
DISTRrOTS. 


DESCRIPTION  OF 
LAND. 


33 


J.  C, 
H.  D,, 
T.  J., 

Commissionen 


258 


THE  CLERK'S  ASSISTANT. 


ASSESSMENT   OF    HIGHWAY    LABOR, 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Dover, 
held  in  said  town  on  the  Sth  day  of  April,  J.  C,  H.  D.,  and  T.  J.,  the  said 
Commissioners,  having  proceeded  to  ascertain,  estimate,  and  assess  the 
highway  labor  to  be  performed  in  their  town  for  the  ensuing  year  (if  only 
two  of  them  will  agree  to  the  assessment  roll  as  prepared,  then  insert,  the 
undersigned,  tw^o  of  the  said  Commissioners),  have  made  out  the  estimate  and 
assessment  for  road  district  number  six,  in  said  town,  as  follows  : 

(Or  if  only  two  of  the  Commissioners  were  present  at  the  assessment,  then 
instead  of  the  preceding  say),  the  undersigned,  two  of  the  Commissioners  of 
Highways  of  the  town  of  Dover,  having  met  in  said  town  on  the  6th  day  of 
April,  and  proceeded  to  ascertain,  estimate,  and  assess  the  highway  labor  to 
be  performed  in  their  town  for  the  ensuing  j^ear,  all  the  ComrriissioLers  of 
Highwaj'S  of  said  tow^n  having  been  duly  notified  to  attend  the  said  meeting 
of  the  Commissioners  for  the  purpose  of  deliberating  thereon,  have  made  out 
the  estimate  and  assessment  for  road  district  number  six,  in  said  town,  as 
follows : 

1.  The  inhabitants  of  said  town  assigned  to  said  road  district  are  assessed 
as  follows,  to  wit : 


A.  C. 

D.  E.; 


.1  day. 
.3  days. 


X.  Y., 2  days. 

L.  M., 10  days. 


2.  The  lands  owned  by  non-residents  of  said  town,  and  situate  therein,  are 
assessed  as  follows,  to  wit: 


OWNERS   NAME,  IF 
KNOWN. 


DESCRIPTION    OF 
LAND. 


ASSESSMENT. 


In  witness  whereof,  we  have  hereto  subscribed  our  names  this  Sth  day  of 
AprU,  1860. 

J.  C, 
H.  D., 
T.  J., 
Commissioners. 


ADDITIONAL    ASSESSMENT    BY    AN    OVERSEER. 

The  quantity  of  labor  assessed  on  the  inhabitants  of  road  district  number 
SIX,  in  the  town  of  Dover,  being  by  me,  the  undersigned  Overseer  of  High- 
ways in  said  district,  deemed  insufficient  to  keep  the  roads  therein  in  repair,  I 
do  therefore,  in  pursuance  of  the  provisions  of  the  statute  in  such  case  made, 
hereby  make  a  further  assessment,  as  follows,  to  wit : 


HIGHWAYS. 


259 


Dated  the  11th  day  of  April,  1860. 


C.  D.,    Overseer. 


ay  o.  xo. 

APPEAL    TO    THE    COUNTY    JUDGE,     BY     NON-RESIDEXT     OWNER     OF     LANDS,    OR    HIS 
AGENT,    FROM    THE    ASSESSMENT   BY    COilMISSIONERS. 

Town  of  Dover,  Dutchess  County,  ss.  A.  B.,  a  non-resident  owner  of 
lands  in  said  town,  considering  {or  A.  B.,  agent  of  C.  D.,  a  non-resident 
owner  of  lands  in  said  town,  who  considers)  himself  aggrieved  in  the  assess- 
ment for  highway  labor  by  the  Commissioners  of  Highways  of  said  town, 
upon  the  following  described  lands,  to  wit:  (here  insert  the  description  as  in 
the  list  or  statement  made  by  the  Commissioners),  doth  hereby  appeal  from 
the  assessment  of  said  Commissioners  to  the  Judge  of  the  county  of  said  county 
of  Dutchess. 

Dated  this  10th  day  of  April,  1860.  A.  B. 


IS  o.    XX. 

NOTICE   BY   OWNER,    OR   HIS   AGENT,    TO     THE     COMMISSIONERS,    OF   THE     PRECEDING 

APPEAL. 

To  J.  C,  H.  D.,  and  T.  J.,  Commissioners  of  Highways  of  the  town  of 
Dover: 
Tou  are  hereby  notified,  that  considering  myself  aggrieved  by  your  assess- 
ment for  highway  labor  of  the  land  owned  by  me  in  said  town,  I  have  this 
day  appealed  to  the  County  Judge  of  the  county  of  Dutchess,  who  will,  on 
the  12th  day  of  April,  at  10  o'clock  in  the  forenoon,  at  the  court  house  in 
Poughkeepsie,  hear  and  decide  on  said  appeal. 

Dated  the  2d  day  of  April,  1860.  Yours,  &c., 

A.  B. 


ISo.    13. 

NOTICE  BY  THE  OVERSEER  AS  TO  NON-RESIDENT  LANDS,  TO  BE  AFFIXED  ON  THE 
OUTER  DOOR  OF  THE  BUILDING  IN  WHICH  THE  LAST  TOWN  MEETING  WAS 
HELD. 

I,  the  undersigned.  Overseer  of  Highways  for  road  district  number  six.  in 
the  town  of  Bern,  do  hereby  give  notice,  that  the  labor  assessed  on  the 
several  tracts  of  land  hereafter  mentioned,  which  have  been  assessed  as  owned 
by  non-residents,  is  to  be  performed  on  the  1st  day  of  May  next,  on  the  high- 
way of  said  district,  between  the  dwelling  houses  of  B.  C.  and  E.  F. ;  and  the 
owners  of  said  land,  or  their  agents,  are  hereby  required  to  cause  the  said 
labor  to  be  performed  accordingly. 


260  THE  CLERK'S  ASSISTANT. 


Dated  the  5th  day  of  April,  1860.  A.  B.,   Overseer. 


ISvt.    13. 

COMPLAINT   BY   AN   OVERSEER   TO   A    JUSTICE,    AGAINST    A     PERSON    NOTIFIED,    FOR 
REFUSING   TO   WORK. 

A.  B.,  Overseer  of  Highways  for  road  district  number  one,  of  the  town  of 
Dover,  in  the  county  of  Dutchess,  on  oath  makes  complaint  to  T.  R.,  a  Jus- 
tice of  the  Peace  of  said  town,  that  he  gave  to  C.  D.,  who  resides  in  the  said 
district,  and  is  assessed  to  work  on  the  highways  therein,  tAventy-four  hours 
previous  notice,  to  appear  with  a  hoe,  on  the  3d  day  of  April,  instant,  at  eight 
o'clock  in  the  forenoon,  at  the  dwelling  house  of  B.  B.,  for  the  purpose  of 
woi'king  on  the  highways  in  said  district,  under  the  direction  of  said  A.  B.  as 
overseer.  And  that  the  said  0.  D.  (neglected  to  appear  either  in  person  or 
by  an  able-bodied  man  as  a  substitute),  or  to  pay  the  commutation  money  for 
said  work ;  nor  has  he  rendered  any  excuse  for  such  neglect. 

A.  B. 
Subscribed  and  sworn  the  11th  day  ) 
of  April,  1860,  before  me,  \ 

T.  R.,  Justice  of  the  Peace. 

Or,  in  Ueu  of  the  words  in  parenthesis,  if  the  case  require  it,  the  following 
may  be  inserted:  (Appeared  pursuant  to  notice,  but  worked  only  four  hours, 
and  then  departed.) 

Or  (Appeared  pursuant  to  notice,  but  remained  idle,  or  did  not  work  faith- 
fully, or  hindered  others  from  working). 


3Vo.    14. 

COMPLAINT    BY    AN    OVERSEER   TO    A   JUSTICE    AGAINST    A    PERSON   NOTIFIED,    FOR 
NEGLECTING   TO   FURNISH   A   TEAM. 

Town  of  Dover,  Dutchess  County,  ss.  A.  B.,  Overseer  of  Highways  for 
road  district  number  one,  in  said  town,  on  oath  makes  complaint  to  T.  R.,  a 
Justice  of  the  Peace  of  said  town,  that  he  gave  to  C.  D.,  who  resides  in  the 
said  district,  and  is  assessed  to  work  three  days  (or  more)  on  the  highways 
therein,  and  has  a  cart  (or  wagon,  or  plow,  as  the  case  may  be),  with  a  pair 
of  horses  (or  oxen),  and  a  man  to  manage  them,  and  who  has  not  commuted 
fcr  his  said  assessment,  twenty-four  hours'  previous  notice,  to  furnish,  on  the 
3d  day  of  April,  at  eight  o'clock  in  the  forenoon,  at  the  dwelling  house  of  B. 
B.,  a  cart  with  a  pair  of  horses  (or  as  the  case  may  be),  and  a  man  to  manage 
them,  for  the  purpose  of  working  one  day  on  the  highways  of  said  district, 
under  the  direction  of  the  said  A.  B.  as  Overseer ;  and  the  said  C.  D.  neglected 
to  furnish  said  horses  and  cart,  and  a  man  to  manage  them,  or  to  pav  the  com- 


HIGHWAYS.  26  J 

mutation  money  for  said  work ;  nor  has  he  rendered  any  excuse  for  such 
neglect. 

A.  B. 
Sworn  before  me  this  11th  ) 
day  of  April,  1860,        \ 

T.  E.,  Justice  of  the  Peace. 


JSo.    XS. 

StJMMONS   TO   BE   ISSUED   BY   THE   JUSTICE   UPON   THE   COMPLAINT    OF  AN   OVERSEER 
AGAINST   A   PERSON   NOTIFIED,    FOR   REFUSING   TO   WORK. 

Town  of  Dover,  County  of  Dutchess,  ss.  To  any  Constable  of  said  town, 
Greeting:  Whereas,  complaint  has  been  made  to  me,  the  undersigned,  a  Jus- 
tice of  the  Peace  in  and  for  said  town,  by  A.  B.,  Overseer  of  Highways  for 
road  district  number  one,  in  said  town,  that  C.  D.,  &c.  (recite  the  complaint). 
You  are,  therefore,  in  the  name  of  the  People  of  the  State  of  New  York, 
hereby  commanded  to  summon  the  said  C.  D.  forthwith  to  appear  before  me 
at  my  office  in  said  town,  to  show  cause  why  he  should  not  be  fined  according 
to  law,  for  such  refusal  (or  neglect),  as  in  said  complaint  is  alleged  against  him. 

Given  under  my  hand  this  11th  day  of  April,  1860. 

T.  R., 
Justice  of  the  Peace. 


Pfo.    X6. 

constable's   return,    to   BE   INDORSED   ON   THE   ABOVE   SUMMONS. 

I  have  duly  and  personally  served,  at  the  town  of  .Dover,  the  within  sum- 
mons on  the  within  named  C.  D.,  this  11th  day  of  April,  in  the  year  I860. 

P.  B.,    Constable. 

Or,  I  have  duly  served  the  within  summons,  at  the  town  of  Dover,  on  the 
•within  named  C.  D.,  by  leaving  a  copy  thereof  this  day  at  his  personal  abode. 
Dated  the  11th  day  of  April,  1860. 

P.  Q.,    Constable. 


No.    XV. 

CONVICTION   INDORSED  ON   THE   COMPLAINT. 

Town  of  Dover,  County  of  Dutchess,  ss.  The  within  C.  D.,  having  been 
duly  summoned  to  appear  before  me,  to  show  cause  why  a  fine  should  not  be 
imposed  upon  him  for  the  offense  charged  in  the  within  complaint,  and  on  said 
C.  D.  not  appearing  (or  said  C.  D.,  having,  appeared)  and  no  sufficient  cause 
being  shown  to  the  contrary,  I  do  impose  a  fine  of  $6  upon  the  said  C.  D. 
for  the  said  offense,  together  with  $2  costs  of  this  proceeding  against  him. 
Witness  my  hand  this  11th  day  of  April,  1800. 

T.  R., 
Justice  of  Hie  Peace. 


262  THE  CLERK'S  ASSISTANT. 

■WARRANT    FOR    THE    COLLECTION    OF    A   FINE    IMPOSED    FOR    NEGLECT    TO    WORK, 

Town  of  Dover,  Dutchess  County,  ss.  To  any  Constable  of  said  town,  Greet- 
ing :  Whereas  complaint  was  made  to  me,  the  undersigned,  one  of  the  Justices 
of  the  Peace  of  said  town,  by  A.  B.,  Overseer  of  Higliways  for  road  district 
number  one,  in  said  town,  that  C.  D.,  &c.  (as  in  complaint).  And  whereas, 
I  thereupon  issued  my  summons,  requiring  the  said  C.  D.,  forthwith  to  appear 
before  me,  at  my  office,  in  the  said  town^  to  show  cause  why  he  should  not 
be  fined  according  to  law  for  such  refusal  or  neglect ;  and  whereas,  the  said 
summons  has  been  duly  returned,  served  by  P.  Q.,  Constable,  and  the  said  C. 
D.  has  not  appeared  before  me,  or  shown  sufficient  cause  to  the  contrary,  I 
have  imposed  on  him  a  fine  of  |l  for  his  offense  complained  of  as  aforesaid, 
and  ascertained  and  adjudged  the  costs  of  the  proceedings  on  the  comolaint 
to  be  $2. 

Now,  therefore,  you  are  hereby  commanded,  in  the  name  of  the  People  of 
the  State  of  New  York,  to  levy  the  said  fine,  together  with  §2,  the  costs  and 
charges  aforesaid,  of  the  goods  and  chattels  of  the  said  C.  D.,  and  bring  the 
moneys  which  you  shall  collect  before  me,  with  this  warrant. 

Given  under  my  hand  and  seal  this  11th  day  of  April,  1860. 

T.  R.,  [L.  S.J 

Justice  of  the  Peacel 


SSo.    X». 

A    LIST    OF    THE    LANDS    OF   NON-RESIDENTS   AND  OF    PERSONS    UNKNOWN,    ON  WHICH 
THE   LABOR   ASSESSED   IS    UNPAID,    TO    BE    DELIVERED    TO    THE    SUPERVISOR. 

A  list  of  all  the  lands  of  non-residents  and  of  persons  unknown,  which  were 
taxed  on  the  lists  of  the  undersigned  Overseer  of  Highways  for  road  district 
number  one,  in  the  town  of  Dover,  on  which  the  labor  assessed  by  the  Com- 
missioners of  Highways  has  not  been  paid,  and  the  amount  of  labor  unpaid. 


DESCRIPTION    OF   LAND. 


DATS   ASSESSED. 


DAYS    UNPAID. 


Dated  the  11th  day  of  April,  1860.  A.  B.,    Overseer. 


No.    30, 

AFFIDAVIT    TO    BE    INDORSED    ON    THE    ABOVE    LIST. 

Dutchess  County,  ss.  A.  B.,  Overseer  of  Highways  for  road  district  num- 
ber one,  in  the  town  of  Dover,  in  said  county,  being  duly  sworn,  saith,  that 
in  relation  to  the  lands  described  in  the  above  list,  he  has  given  the  notices 
required  by  the  thirty-third  and  thirty-fourth  sections  of  title  first,  chapter 
sixteen,  of  part  first  of  the  Revised  Statutes,  and  that  the  labor  for  which  the 
said  lands  are  returned  has  not  been  performed. 

A.  B. 

Sworn  and  subscribed,  &c. 


HIGHWAYS. 

No.    31. 

ANNUAL   ACCOUNT   OF  AN   OVERSEER   OF   HIGHWATS. 


263 


The  annual  account  of  A.  B.,  Overseer  of  Highways  for  road  district  num- 
ber one,  in  the  town  of  Dover,  rendered  to  the  Commissioners  of  Highways 
of  said  town,  on  tlie  5th  day  of  May,  in  the  year  1860. 

1.  The  names  of  all  persons  assessed  to  work  on  the  highways,  in  said  road 
district  number  one,  of  which  I  am  Overseer,  are  as  follows,  to  wit : 


NUMBER  OF  DATS  ASSESSED  TO  EACH. 


2.  The  names  of  all  tliose  who  have  actually  worked  on  the  highways,  with 
the  number  of  days  they  have  so  worked,  are  as  follows,  to  wit : 


NUMBER    OF    DATS    WORKED. 


3.  The  names  of  all  those  who  have  been  fined,  and  the  sums  in  which  they 
have  been  fined,  are  as  follows,  to  wit : 


NAMES. 

AMOUNT    OF    FINES. 

4.  The  names  of  all  those  who  have  commuted,  are  as  follows ; 

NAMES. 

AMOUNT   PAID    BY   EACH. 

5.  And  the  moneys  arising  from  said  fines  and  commutations  have  been  ex- 
pended by  me,  as  follows,  to  wit : 

1859,  July  1.  Paid  A.  B.,  his  bill  for  repairing  bridge, $10  00 

(Proceed  thus,  specifying  the  items  of  expenditures,  and  the  persons  to 
whom  paid.) 

6.  And  the  following  is  a  list  of  all  the  lands  which  I  have  returned  to  B.. 
B.,  the  Supervisor  of  said  town,  for  the  non-payment  of  taxes,  and  the 
amount  of  tax  on  each  tract  of  land  so  returned : 


OWNERS    NAME. 


DESCRIPTION    OF    LANDS. 


AMOUNT   OF  TAX. 


Dated  the  5th  day  of  April,  1860. 


A.  B.,   Overseer. 


264  THE  CLERK'S  ASSISTANT. 

jVo.  %HS. 

OATH  TO  THE  FOREGOING  ACCOUNT. 

Dutchess  County,  ss.  A.  B.,  Overseer  of  Highways  for  road  district  num- 
ber one,  in  the  town  of  Dover,  being  sworn,  saith,  that  the  preceding  account 
is  true. 

A.  B. 
Sworn  and  subscribed,  this  5th  day  ) 
of  March,  ISGO,  before  me,  f 

J.  J.,    Commissioner  of  Highways. 


:No.     33. 

ANNUAL    ACCOUNT    OF   THE    COJtMISSIONERS    OF   HIGHWAYS   TO    TOWN    AUDITORS. 

The  undersigned,  Commissioners  of  Highways  of  the  town  of  Dover,  ren- 
der this  their  annual  account  to  the  Board  of  Town  Auditors,  on  the  5th  day 
of  March,  1860. 

1.  The  labor  assessed  in  said  towm,  during  the  year  ending  on  the  date 
hereof,  is  100  days,  and  the  amount  thereof  performed  is  90  days,  as  appears 
by  the  account  rendered  to  us  by  the  several  Overseers  of  Highways  in  said 
town. 

2.  The  said  Commissioners  have  received  for  fines  and  commutations  received 
under  the  statute  relative  to  highways,  the  sum  of  $20,  to  wit : 


DATE. 

FROM  WHOM 
RECEIVED. 

ON  WHAT  ACCOUNT. 

AilOUNT. 

1860,  July  1. 

E.  R, 

The  balance  of  money  remaining  in 
his  hands  as  Overseer, 

$10  00 

3.  The  improvements  which  have  been  made  on  the  roads  and  bridges  in 
said  town,  during  the  year  immediately  preceding  the  date  of  this  report,  are 
as  follows:  (here  specify  the  improvements.)  And  the  roads  and  bridges  in 
said  town  are  (here  give  the  state  of  them,  and  specify  whether  they  are  in 
good  repair  or  otherwise). 

4.  The  following  improvements  are  necessary  to  be  made  on  the  roads  and 
bridges  in  said  town,  viz.  (Here  specify  the  improvements  deemed  ne- 
cessary) : 

5.  And  the  expense  of  making  such  improvements,  beyond  what  the  labor 
to  be  assessed  this  year  will  accomplish,  is  by  us  estimated  at  $100. 

Criven  under  our  hands  this  5th  day  of  March,  1860.  * 

J.  C, 
H.  D., 
T.  J., 

Commissioners. 


JSo.    34. 

STATEMENT    AND    ESTIilATE    TO    BE    DELIVERED    BY   THE   COMMISSIONERS    OF   HIGH- 
WAYS   TO    THE    SUPERVISOR. 

To  the  Supervisor  of  the  Town  of  Dover : 

The  following  improvements,  &c.     (As  in  the  4th  and  5th  clauses  of  their 
Annual  Account  rendered  to  Town  Auditors). 


HIGHWAYS.  265 

isTo.  as. 

NOTICE    OF   APPLICATION    FOR   ADDITIONAL   SUM. 

Notice  is  hereby  given  to  the  electors  of  the  town  of  Dover,  that  the  under- 
signed, Commissioner  of  Highways,  is  of  opinion  that  the  sum  of  §200  as  now 
allowed  will  be  insuSicient  to  pay  the  necessary  expenses  for  the  improvement 
of  roads  and  bridges  in  said  town ;  and  that  the  additional  sum  of  $100  is 
necessary  to  make  a  bridge  across  Salt  River  Creek,  near  American  Hollow, 
in  said  town,  and  the  undersigned  will  apply  at  the  next  annual  Town  Meet- 
ing of  said  town  for  a  vote  authorizing  the  said  sum  of  $100  to  be  raised  for 
the  purpose  aforesaid. 

L.  P, 
Commissioner  of  Highways. 

Feb.  28,  1860. 


IVo.    36. 

COMPLAINT   TO   THE   COMMISSIOXERS   OF   niGHWATS   AGAINST   AN   OVERSEER  FOR 
NEGLECT    OF    DUTY. 

To  the  Commissioners  of  Highways  of  the  Town  of  Stockton: 

The  complaint  of  A.  B.,  a  resident  of  the  town  of  Stockton  aforesaid, 
respectfully  showeth,  that  C.  D.,  the  Overseer  of  Highways  for  road  district 
number  three,  in  said  town  (has  neglected  and  refused  to  warn  the  following 
persons,  to  wit:  G.  H.,  J.  K.,  and  L.  M.,  to  work  on  the  highways  in  said 
district,  after  having  been  required  to  do  so  by  the  Commissiooers,  or  one  of 
them).  And  the  said  A.  B.  hereby  requires  the  Commissioners  of  Highways 
aforesaid  to  prosecute  the  said  C.  D.  for  the  said  offense. 

A.  B. 
Dated  the  11th  day  of  April,  1860. 

Or,  instead  of  the  words  in  parenthesis,  the  following  may  be  the  state- 
ment of  the  complaint,  viz.:  (Has  neglected  to  collect  the  sum  of  ^1  imposed 
as  a  fine  upon  G.  H.  for  neglecting  to  appear  and  work  on  the  highway  in 
the  district  of  the  said  Overseer.) 


Wo.  siy. 

SECURITY    TO    BE    GIVEN    BY  COMPLAINANT    TO    COMMISSIONERS    TO    INDEMNIFY  THEM 
AGAINST    THE    COSTS    IN    PROSECUTING    THE    COiMPLAINT    AGAINST    OVERSEER. 

We,  A.  B.  and  E.  F.,  acknowledge  ourselves  indebted  to  the  Commissioners 
of  Highways  of  the  town  of  Bern,  in  the  sum  of  $100,  which  we  Jointly  and 
severally  bind  ourselves  to  pay.     Dated  the  11th  day  of  April,  1860. 

The  condition  of  this  obligation  is  such,  that  if  the  said  A.  B.  doth  well  and 
truly  indemnify  the  said  Commissioners  of  Highways  against  the  costs  wliich 
may  be  incurred  in  prosecuting  C.  D.,  the  Overseer  of  Highways  for  road  dis- 
trict number  one,  for  the  penalty  incurred  by  the  said  C.  D.  in  the  refusal  or 
neglect^set  forth  in  the  annexed  complaint,  then  this  obligation  to  be  void, 
otherwise  of  force. 

A.  B.  [l.  s.] 
E.  F.   [l.  S.1 
34 


266 


THE  CLERK'S  ASSISTANT. 


No.     38. 

ASSESSMENT    BY    OVERSEER   OF    PERSONS   LEFT    OUT    OF    THE    LIST. 

The  following  named  persons  having  been  left  out  of  the  foregoing  (or 
annexed)  list  for  road  district  number  six,  in  said  town  of  Dover  (they  having 
become  inhabitants  of  said  district  since  said  list  was  made),  I  .do  hereby 
assess  the  said  persons  to  work  on  the  highways  in  said  district,  as  follows, 
viz. :  A.  B.,  3  days ;  L.  M.,  4  days, 

L.  G., 

May  10,  1860.  Overseer  of  Road  District  No.  6. 


IS"o.    39. 

APPEAL   TO    COMMISSIONERS   FROM   OVERSEEr's   ASSESSMENT. 

To  A.  A.,  B.  B.,  and  C.  C,  Commissioners  of  Highways  in  the  Town  of  Do- 
ver, County  of  Dutchess : 
Take  notice,  that  I  hereby  appeal  from  the  assessment  made  by  the  Over- 
seer of  Road  District  No.  6,  for  the  following  reasons,  viz. :  (State  the  rea- 
sons.) 

A.  B. 
Dover,  May  12,  1860. 


I^o.    30. 

APPLICATION  TO  COMMISSIONERS  TO  LAY  OUT  A  NEW  ROAD  THROUGH  UNIMPROVED 
LAND,  ok  THROUGH  IMPROVED  LAND  WITH  THE  CONSENT  OF  THE  OWNER. 

To  the  Commissioners  of  Highways  of  the  town  of  Dover,  in  the  county  of 
Dutchess : 
The  undersigned,  a  person  liable  to  be  assessed  for  highway  labor  in  said 
town,  and  residing  therein,  does  hereby  make  application  to  you  to  lay  out  a 
new  road  of  the  width  of  three  rods,  through  land  not  inclosed,  improved  or 
cultivated  {or  through  lands  not  inclosed,  improved  or  cultivated,  excepting  as 
to  lands  of  P.  Q.,  who  consents  to  the  laying  out  of  said  road,  and  has  signi- 
fied the  same  by  signing  this  petition).  Beginning  at,  &c.  (describing  the 
road  by  courses  and  distances,  or  such  objects  and  boundaries  as  may  make  the 
route  sufficiently  definite  and  certain). 

P.  Q. 


ISo.    31. 

ORDER  OF  COMMISSIONERS  TO  LAY  OUT  A  HIGHWAY  THROUGH  LANDS  NOT  INCLOSED, 
IMPROVED  OR  CULTIVATED,  EXCEPTING  IN  PART,  AND  BY  THE  CONSENT  OF  THE 
OWNER   OF   THAT    PART. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Dover,  in 
the  county  of  Dutchess,  at  the  town  house  in  said  town,  on  the  6th  day  of 
April,  18G0,  all  the  said  Commissioners  having  met  and  deliberated  on  the 
subject  embraced  in  this  order  (or  if  but  two  of  the  Commissioners  met,  sa}', 
all  the  said  Commissioners  having  been  duly  notified  to  attend  the  said  meet- 
ing for  the  purpose  of  deliberatmg  upon  the  subject  matter  of  this  order),  it  is 
ordered  and  determined  by  the  said  Commissioners,  that  a  highway  be  laid 
out  in  the  said  town  of  the  width  of  four  rods,  on  the  application  of  A.  B..  and 
by  the  consent  of  P.  Q.,  through  whose  improved  land  the  said  highway  is  to 
pass  for  a  part  of  the  distance ;  the  residue  of  said  highway  being  through 
lands  not  inclosed,  improved  or  cultivated.     And  the  said  Commissioners  have 


HIGHWAYS.  267 

caused  a  survey  thereof  to  be  made,  as  follows :  The  centre  line  of  tne  said 
highway  is  to  begin  at ,  and  to  run  thence,  &;c.  (Here  insert  the  sur- 
vey.) 

In  witness  whereof,  the  undersigned  Commissioners  of  Highways  of  said 
town  have  hereunto  subscribed  their  names  this  5th  day  of  April,  1860. 

'  J.  C, 
H.  D., 
T.  J., 

Commissioners. 


7So.    33. 

APPLICATION  TO  ALTKR  A  ROAD,  WHERE  THE  ALTERATION  PASSES  THROUGH  LAND 
NOT  IMPROVED,  INCLOSED  OR  CULTIVATED,  OR  THROUGH  IMPROVED  LAND  BY  THE 
CONSENT    OF   THE    OWNER. 

To  the  Commissioners  of  Highways  of  the  Town  of  Dover,  in  the  County  of 
Dutchess : 
We,  the  undersigned,  R.  S.  and  T.  W.,  residents  of  said  town  {or  liable  to 
be  assessed  for  highway  labor  therein),  do  hereby  make  application  to  you, 
the  said  Commissioners,  to  alter  the  highway  leading  from  the  house  of  G.  H. 
to  the  house  of  P.  Q.,  in  said  town,  as  follows:  (Insert  a  description  of  the 
proposed  alteration  by  courses  and  distances,  or  by  objects  and  bgundaries,  so 
as  to  render  it  sufficiently  certain  and  definite.)  The  proposed  alteration 
passes  through  lands  which  are  not  improved,  inclosed  or  cultivated  (or  passes 
through  the  improved  land  of  R.  S.  and  T.  W.,  who  consent  thereto). 

R.  S. 
T.  W. 
Dated  the  6th  day  of  February,  1860. 


IV o.    3  3. 

ORDER   OF    THE    COMMISSIONERS    TO    ALTER   A    niGHWAT. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Dover,  in 
the  county  of  Dutchess,  at  the  town  hall  in  the  said  town,  on  the  7th  day  of 
February,  1860,  all  the  said  Commissioners  having  met  and  deliberated  on  the 
subject  embraced  in  this  order  (or  if  but  two  of  the  Commissioners  met,  say, 
all  the  said  Commissioners  having  been  duly  notified  to  attend  the  said  meet- 
ing, for.  the  purpose  of  deliberating  on  the  subject  matter  of  this  order),  it  is 
ordft-ed  and  determined  by  the  said  Commissioners,  upon  the  application  and 
by  the  consent  of  R.  S.  and  T.  W.,  through  whose  lands  the  alteration  here- 
after described  is  to  be  made,  that  the  highway  leading  from  the  house  of  Gr. 
H.  to  the  house  of  P.  Q.,  in  said  town,  be  altered  according  to  the  following 
survey,  Avhich  the«Commissioners  have  caused  to  be  made  thereof,  as  follows, 
to  wit :  The  centre  line  of  the  alteration  is  to  begin  at  the  centre  of  the  pre- 
sent highway,  opposite  the  northerly  corner  of  the  barn  of  the  said  R.  S.,  and 
to  run  thence  (here  include  the  whole  survey),  and  that  the  said  alteration  be 
of  the  width  of  four  rods. 

In  witness  whereof,  the  Commissioners  of  Highways  of  said  town  have 
r.ereto  subscribed  their  names  this  7th  day  of  February,  1860. 

J.  C, 

n.  D., 

T.  J., 

Commissionera, 


268   .  THE  CLERK'S  ASSISTANT. 


No  .    34.. 


1 


APPLICATION   TO   LAY   OUT   A    HIGHWAY   THROUGH  IMPROVED   LAND,    WITHOUT   THB 
CONSENT    OF   THE    OWNER. 

To  the  Commissioners  of  Highways  of  the  Town  of  Dover,  in  the  County  -^f 
Dutchess: 

The  undersigned,  resident  of  the  said  town,  and  hable  to  be  assessed  for 
highway  labor  therein,  hereby  makes  application  to  you,  the  said  Commission- 
ers, to  lay  out  a  highway  in  said  town,  commencing  at,  &c.  (liere  insert  a 
description  by  courses  and  distances,  or  by  objects  and  boundaries,  so  as  to 
render  the  proposed  route  sufficiently  certain  and  definite),  which  said  high- 
way will  pass  through  the  improved  (or  mclosed,  or  cultivated)  lands  of  P.  Q. 
and  R.  S.,  who  do  not  consent  to  the  laying  out  of  the  same. 

A.  B. 

Dated  the  7th  day  of  February,  18G0. 


Wo.    35. 

NOTICE  OF  APPLICATION,  AND  OF  THE  JIEETING  OF  FREEHOLDERS,  WHEN  THE  INTENDED 
HIGHWAY  IS  THROUGH  IMPROVED  OR  CULTIVATED  LAND. 

Notice  is  hereby  given,  that  the  undersigned  has  made  application  to  the 
Commissioiiers  of  Highwaj's  of  the  town  of  Dover,  in  the  county  of  Dutchess, 
for  the  laying  out  of  a  highwaj^,  commencing,  &c.  (insert  description  as  in  the 
application),  and  which  highway  will  pass  through  a  lot  of  improved  meadow 
land  of  P.  Q.,  and  a  lot  of  improved  pasture  land  of  R.  S.  And  that  on  the 
lolli  day  of  February,  at  ten  o'clock  in  the  forenoon,  at  the  house  of  G.  S.,  in 
said  town,  twelve  freeholders,  duly  qualified  for  that  purpose,  will  meet  to 
examine  the  ground  and  premises  and  to  certify  with  respect  to  the  necessity 
and  propriety  of  such  highway. 

A.  B 

Dated  Dover,  this  6th  day  of  February,  1860. 


JSo.    3G. 

AFFIDAVIT   OF   AFFIXING   THE   NOTICE   OF   APPLICATION. 

Dutchess  County,  ss.  A.  B.,  of  Dover,  in  said  county,  being  duly  sworn, 
saith,  that  he  caused  notices  in  writing,  of  which  the  within  is  a  copy,  to  be 
posted  up  at  the  Dover  Hotel,  the  Eastern  House,  and  the  Northern  Hotel, 
three  of  the  most  pubUc  places  in  said  town,  on  the  6th  day  of  Felcfuary, 
being  at  least  six  days  before  the  time  specified  therein  for  the  meeting  of 
the  freeholders. 

A.  B. 
Sworn  and  subscribed  before  me,  this  )  « 

7th  day  of  February,  1860,  | 

J.  J.,  Commissioner  of  Deeds, 


ISO.    3-7. 

OATH  OF  FREEHOLDERS. 


ifou  and  each  of  you  do  solemnly  swear  well  and  truly  to  examine  and 
certify  in  regard  to  the  necessity  and  propriety  of  the  highway  applied  for 
through  the  land  of  P.  Q.,  R.  S.,  and  others. 


HIGHWAYS.  269 

IVo.    38. 

CERTIFICATE    OF   FREEHOLDERS. 

Town  of  Dover,  Dutchess  County,  ss.  We,  the  undersigned,  twelve  reputa- 
ble freeholders  of  the  said  town,  not  interested  in  the  lands  through  which  the 
road  described  in  the  annexed  notice  is  to  be  laid,  nor  of  kin  to  any  owner 
thereof,  having  appeared  at  the  time  and  place  specified  in  said  notice,  and 
having  been  duly  sworn  well  and  truly  to  examine  and  certify  in  regard  to 
the  necessity  and  propriety  of  the  highway  applied  for ;  and  having  proceeded 
to  and  personally  examined  the  route  of  such  highway,  and  heard  all  reasons 
that  were  offered  for  and  against  laying  out  the  same,  do  hereby  certify  that 
we  are  of  opinion  that  the  highway  applied  for  and  described  in  the  annexed 
notice,  is  necessary  and  proper. 

In  witness  whereof,  we  have  hereto  subscribed  our  names  this  loth  day  of 
February,  in  the  year  1860. 

A.  H.,  (Sic,  &c. 


No.    30. 

NOTICE   TO   BE   GIVEN   BY   THE   COMMISSIONERS   TO   THE   OCCUPANT   OF   LAND 
THROUGH    WHICH    THE    ROAD   IS   TO    RUN, 

To  B.  B.,  Esq. : 

You  will  take  notice,  that  on  the  15th  day  of  February,  1860,  at  10  o'clock  in 
the  forenoon,  at  the  house  of  C.  C,  in  the  town  of  Dover,  we,  the  undersigned, 
Commissioners  of  Highways  of  the  town  of  Dover,  and  county  of  Dutchess, 
will  meet  to  decide  on  the  application  of  A.  B.,  for  the  laying  out,  &c.  (as  in 
application),  twelve  qualified  freeholders  havmg,  pursuant  to  the  provisions  of 
the  statute,  certified  that  the  road  is  necessary  and  proper. 
Dated  the  6th  day  of  February,  1860. 

Yours,  &o., 

J.  0., 
H.  D., 
T.  J., 

Commissioners. 


No.    40. 

ORDER   BY    THE    COMMISSIONERS   LAYING   OUT    A   ROAD   THROUGH    IMPROVED   LAND. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Dover, 
in  the  county  of  Dutchess,  at  the  house  of  B.  B.,  in  the  said  town,  on  the  IStJi 
day  of  February,  1860,  all  the  said  Commissioners  having  met  and  deliberated 
on  the  subject  matter  of  this  order  (or  if  but  two  of  the  Commissioners  met,  say, 
all  the  said  Commissioners  having  been  duly  notified  to  attend  the  said  meet-, 
ing  for  the  purpose  of  deliberating  on  the  sul)ject  matter  of  this  order),  upon 
tlie  apjilication  of  A.  B.,  a  resident  in  said  town,  and  liable  to  be  assessed  to 
work  on  the  highways  therein  for  the  laying  out  of  the  highway  hereafter  de- 
scribed, and  on  the  certificate  of  twelve  reputable  freeholders  of  said  town, 
convened  and  duly  sworn,  after  due  public  notice,  as  required  by  the  statute, 
certifying  that  such  highway  is  necessary  and  proper.  And  notice  in  writing 
of  at  least  three  days  having  been  given  in  due  form  of  law  to  P.  Q.  and  R. 
S.,  occupants  of  the  lands  through  which  the  highway  hereafter  described  is  to 
run,  that  the  undersigned  Commissioners  would  meet  at  this  time  and  place 
to  decide  on  the  application  aforesaid,  and  the  undersigned  having  hoard  all  the 
reasons  offered  for  and  against  laying  out  such  highway,  it  is  ordered,  deter- 
mined and  certified  that  a  public  highway  shall  be,  and  the  same  heretiy  is  laid 


270  THE  CLERK'S  ASSISTANT. 

out  pursuant  to  said  applicatiou,  whereof  a  survey  hath  been  made,  and  is  as 
follows,  to  wit :  Beginning,  &c.  (as  in  the  survey),  and  the  line  of  the  said 
survey  is  to  be  the  centre  of  said  highway,  which  is  to  be  , .  ..rods  in  width. 
In  witness  whereof,  the  said  Commissioners  of  Highways  have  hereto  sub- 
scribed their  names  this  15th  day  of  February,  1860. 

J.  C, 
H.  D., 
T.  J., 

Commissioners. 

ISO.    4.1. 

ORDER   OF   COMMISSIONERS   REFUSING   TO   LAY   OUT   OR   ALTER   A   HIGHWAY. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Dover,  in 
the  county  of  Dutchess,  at  the  town  hall  in  the  said  town,  on  the  15th  day 
of  February,  all  the  said  Commissioners  having  met  and  deliberated  on  the 
subject  matter  of  this  order  (or  if  but  two  of  the  Commissioners  met,  say,  all 
the  said  Commissioners  having  been  duly  notified  to  attend  the  said  meeting 
for  the  purpose  of  deliberating  on  the  subject  matter  of  this  order),  it  is  hereby 
ordered  and  determined  that  the  application  of  A.  B.,  dated  the  6th  day  of 
February,  for  the  laying  out  (or  altering)  of  the  lughway  therein  mentioned, 
be  and  the  same  hereby  is  denied  and  refused. 

In  witness  whereof,  we  have  hereto  subscribed  our  names  this  15th  day  of 
February,  1860. 

J.  C, 
H.  D., 
T.  J., 
Commissioners. 

jvo.  4a, 

AGREEMENT   AS   TO   DAMAGES. 

It  IS  hereby  agreed  between  the  Commissioners  of  Highways  of  the  town 
of  Dover,  of  the  one  part,  and  P.  Q.,  of  the  other  part,  that  the  damages  sus- 
tained by  the  said  P.  Q.,  by  reason  of  the  laying  out  and  opening  of  a  high- 
way through  the  lands  of  the  said  P.  Q.,  on  the  application  of  A.  B.  and 
Others,  by  order  of  the  Commissioners,  dated  the  15th  day  ot  February,  be 
fixed  and  liquidated  at  the  sum  of  $ 

Witness  our  hands  this  16th  day  of  February,  1860. 

P.Q., 
J.  c, 

H.  D., 
T.  J., 

Commissioners. 


jyo.    4  3. 

RELEASE    OF    DAMAGES    BY    THE    OWNER   OF   THE    LAND. 

I  do  hereby  release  to  the  People  of  the  State  of  New  York,  all  claim  to 
damages  by  reason  of  the  laying  out  and  opening  of  a  highway  through  my 
lands,  by  order  of  the  Commissioners  of  Highways. 

In  witness  whereof,  I  have  hereto  set  my  hand  and  seal  this  12th  day  of 
April,  1860. 

P.    Q.    [L.   S.J 


HIGHWAYS.  271 

N"o.    44. 
APPLICATION   TO   COCTNTY    COURT   TO  APPOINT   COMMISSIONERS   TO   ASSESS   DAMAGES. 

To  the  Hon.  the  County  Court  of  Dutchess  County : 

The  Commissioners  of  Highways  of  the  town  of  Dover  in  said  county,  by 
an  order  dated  February  15th,  1860,  having  laid  out  a  highway  in  said  town 
as  follows :  (insert  desciiptiun.) 

Now  therefore  we  the  undersigned,  Commissioners  of  Highways  of  said 
town  hereby  apply  to  the  said  court  to  appoint  Commissioners  to  assess  the 
damages  occasioned  by  the  laying  out  of  said  highway,  pursuant  to  the  stat- 
ute in  such  case  made  and  provided. 

B.  B., 
A.  A., 
D.  D., 
February  16th,  1860.  Commissioners. 


No.    45. 

ORDER   OF   COURT   APPOINTING   COMMISSIONERS. 

At  a  term  of  the  County  Court  of  the  county  of  Dutchess,  held  at  the  court 
house  in  the  city  of  Pouglikeepsie  in  and  for  said  county.  March  2d, 
1860. 

Present — Hon.  E.  E.,  County  Judge. 

On  reading  and  filing  the  application  of  B.  B.,  A.  A.  and  D.  D.,  Commis- 
sioners, &c.,  of  the  town  of  Dover  in  said  county,  showing  that  a  highway 
had  been  laid  out  in  said  town,  beginning  (insert  description),  and  praying  the 
appointment  of  Commissioners  to  assess  the  damages  occasioned  thereby,  it  is 
hereby  ordered  that  F.  F.,  G.  Gr.  and  K.  K.,  be  and  they  hereby  are  appointed 
such  Commissioners. 


IsTo.    46. 

NOTICE     TO    THE    COMMISSIONERS    OF     THEIR    APPOINTMENT,    AND    OF    MEETING    WITH 
HIGHWAY   COMMISSIONERS   TO   ASSESS    DAMAGES. 

To  Messrs.  F.  F.,  G.  G.  and  H.  H. : 

Take  notice,  that  you  and  each  of  you  have  been  duly  appointed,  by  an 
order  of  the  Dutchess  County  Court,  a  copy  of  which  is  hereto  annexed. 
Commissioners  to  assess  the  damages  sustained  by  reason  of  the  altering  (or 
laying  out  and  opening),  the  highway  mentioned  and  described  in  said  order ; 
and  you  are  hereby  notified  to  meet  with  the  undersigned  Commissioners  at 
the  inn  of  P.  P.,  in  the  town  of  Dover  in  said  county,  on  the  17th  day  of 
March,  1860,  at  ten  o'clock  in  the  forenoon  of  that  day,  to  view  the  premises 
and  hear  and  determine  the  matter  aforesaid. 

B.  B., 
A.  A, 
D.  D., 
March  3d,  1860.  Commissioners  of  Highways. 


ISTo.    47. 

OATU    OF    COMMISSIONERS    TO    ASSESS*  DAMAGES. 

County  of  Dutchess,  ss.     I  do   solemnly  swear  {or  affirm)  that  I  will  sup- 
port the  Constit  ition  of  the  United  States,  and  the  Constitution  of  the  State 


272  THE  CLERK'S  ASSISTANT. 

of  New  York ;  and  that  I  will  faitlifully  discharge  the  duties  of  Commissioner 
to  assess  the  damages  for  laying  out  {or  altering)  the  highway  in  the  town  of 

,  in  the  county  of ,  commencing  at,  &c.  (describe  the  high 

way  as  in  the  application),  according  to  the  best  of  my  ability. 

F.  F. 
Sworn,  &c. 


No.    48. 

OATH   TO   BE   ADMINISTERED   BY   THE   COMMISSIONERS   TO  WITNESSES. 

You  do  solemnly  swear,  that  the  evidence  you  shall  give  touching  the  as- 
sessment of  damages  for  the  laying  out  (or  altering)  the  highway  in  question, 
shall  be  the  truth,  the  whole  truth,  and  nothing  but  the  truth.  So  help  you 
God. 


No.    49. 

ASSESSMENT   BT   COMMISSIONERS. 

The  undersigned  having  been  appointed,  by  an  order  of  the  Dutchess  County 
Court,  dated  March  2d,  1860,  on  the  application  of  the  Commissioners  of 
Highways  of  the  town  of  Dover  in  said  county.  Commissioners  to  assess  the 
damages  occasioned  by  the  laying  out  (or  altering)  of  a  highway  in  the  said 
tovsai,  beginning  (insert  description),  which  highway  passes  through  the  improv- 
ed lands  of  M.  M.,  N.  N.  and  0.  0.,  as  laid  out  by  said  Highway  Commissioners 
by  an  order  dated  February,  15th,  1860. 

Now,  therefore,  we,  the  said  Commissioners,  having  been  duly  qualified  and 
having  all  met  and  acted  on  the  said  assessment  (or  the  undersigned  having 
met)  at  the  inn  of  the  said  P.  P.  in  said  town  of  Dover  this  17th  day  of 
March,  1860,  pursuant  to  a  notice  from  said  Commissioners  of  Highways,  ac- 
cording to  law,  and  having  viewed  the  premises,  and  heard  the  allegations 
of  the  parties  and  the  evidence  of  the  witnesses,  do  thereupon  determine  and 
assess  the  damages  required  to  be  assessed  on  the  said  highway  as  follows : 
the  damages  of  W.  W.  at  $75 ;  the  damages  of  N.  N.  at  $60 ;  and  the  dam- 
ao-es  of  C.  C.  at  ^66. 

B.  B., 
A,  A., 
D.  D., 

March  17,  1860.  Commissioners. 


JSTo.    SO. 

NOTICE   FOR   REASSESSMENT   WHERE   PARTY   IS   AGGRIEVED. 

Considering  myself  (or  ourselves)  ags^rieved  by  the  assessment  of  damages 
made  by  B.  B.,  A.  A.  and  D.  D.,  Commissioners  appointed  by  the  Dutchess 
County  Court,  to  assess  damages  occasioned  by  the  laying  out  of  a  highway 
in  the  town  of  Dover,  which  said  assessment  was  filed  in  the  Town  Clerk's 
ofl&ce  of  said  town  on  the  18th  day  of  March,  1860,  I  (or  we)  do  hereby  de- 
mand a  jury  to  reassess  the  said  damages,  and  such  jury  will  be  drawn  at  the 
Clerk's  office  of  the  town  of  Pawhng  in  said  county,  adjoining  said  town,  on 
the  6th  day  of  April,  1860,  by  the  Town  Clerk  of  said  town  of  Pawling. 

Yours,  &c., 

March  19,  1800.  N.  N. 


HIGHWAYS.  273 

ISTo.  51. 

CERTIFICATE    OF    DRAWING    OF   JURY    BY    TOWN    CLERK. 

The  undersigned  Town  Clerk  of  the  town  of  PawHng,  county  of  Dutchess, 
hereby  certify  that  on  the  6th  day  of  April,  I860,  at  my  office  in  said  town, 
the  following  names  of  twelve  persons  were  drawn  by  me  from  a  box  con- 
taining the  names  of  all  such  persons,  now  residents  of  said  town,  whose 
names  are  on  the  last  list  filed  in  the  Town  Clerk's  office  of  said  town,  of 
those  selected  and  returned  as  jurors,  pursuant  to  article  II,  title  4,  chapter 
7,  part  3,  of  the  Revised  Statutes,  they  not  being  interested  in  the  lands 
tliit)ugh  which  the  road  in  the  town  of  Dover  passes,  laid  out  by  the  Commis- 
sioners of  Highways  of  said  last  mentioned  town,  February  17,  1860,  nor  of 
kin  to  any  or  either  of  the  persons  interested  in  said  lands ;  the  said  twelve 
names  being  so  drawn  by  me  to  make  a  jury  to  reassess  the  damages  occa- 
sioned by  the  laying  out  of  the  said  highway,  to  wit :  L.  L.,  R.  E.,  &c. 

R.  R., 
Town  Clei'h  of  the  town  of  Paulding. 

Pawling,  April  6,  1860. 


ISTo.    52. 
SUMMONS   FOR  A   JURY. 

The  People  of  the  State  of  New  York,  to  any  one  of  the  Constables  of  tne 
town  of  Pawling  in  the  county  of  Dutchess : 
You  are  hereby  directed  to  summon  L.  L.,  &c.  (insert  all  the  names  of  the 
jury),  to  appear  at  the  Town  Clerk's  office  in  the  town  of  Dover  in  said 
county  on  the  12th  day  of  April,  1860,  at  10  o'clock  in  the  forenoon  to  form  a 
jury  to  reassess  the  damages  accruing  by  the  laying  out  of  a  highway  in  the 
said  town  of  Dover,  by  the  Highway  Commissioners  thereof  on  the  17th  day 
of  February,  1860.     And  hereof  fail  not  at  your  peril. 

R.  0., 
Justice  of  the  Peace. 


No.    53. 

OATH    OF    JURY. 

You  do  solemnly  swear,  in  the  presence  of  the  ever-living  God,  that  you 
will  well  and  truly  determine  and  reassess  the  damages  which  shall  be  sub- 
mitted to  your  consideration. 


No.  54. 

VERDICT    OF    JURY    REASSESSING. 

The  undersigned,  having  been  duly  drawn  and  sworn  as  a  jury  to  deter- 
mine and  reassess  the  damages  occasioned  by  the  laying  out  of  a  highway  in 
the  town  of  Dover,  in  Dutchess  county,  by  the  Commissioneis  of  Highways 
of  said  town,  which  said  highway  is  described  as  follows :  (insert  description) 
having  viewed  the  premises  and  heard  the  allegation  of  the  parties  and  the 
evidence  of  their  witnesses,  do  herebj'  determine  and  reassess  the  said  dam- 
ages as  follows,  viz. :  we  assess  the  damages  of  B.  R.  at  $100,  &c. 

M.  P.,  &c.,  &c.,  Jurors. 

April  12,  1860. 

35 


274  THE  CLERK'S  ASSISTANT. 

No  55. 

CERTIFICATE    OF   JUSTICE    TO    THE   VERDICT    OF    JURr. 

Dutchess  County,  ss.  I,  D.  H ,  one  of  the  Justices  of  the  Peace  of  the  town 
of  Poughkeepsie,  in  said  county,  do  cettify  that  the  above  is  the  verdict  of  the 
jury  summoned  by  my  warrant,  and  drawn  and  sworn  by  me,  to  assess  the 
damages  sustained  by  P.  Q.,  by  the  laying  out  of  the  highway  mentioned  in 
the  said  verdict. 

In  witness  whereof,  I  have  hereunto  subscribed  ray  name  this  12th  day  of 
A.pril,  1860. 

A.  R.,  Justice  of  the  Peace. 


ISTo.  56. 

ORDER    ASCERTAINING    AND    DESCRIBING    AN    OLD    HIGHWAY. 

At  a  meeting  of  the  Commissioners  of  the  town  of  Dover,  in  the  county 
of  Dutchess,  held  in  the  said  town,  at  the  house  of  B.  B.,  on  the  12th  day  of 
April,  1860,  all  the  said  Commissioners  having  met  and  deliberated  on  the 
subject  of  this  order  (or  if  but  two  of  the  Commissioners  met,  say,  all  the 
said  Commissioners  having  been  duly  notified  to  attend  the  said  meeting  for 
the  purpose  of  deliberating  on  the  subject  of  this  order),  it  appearing  to  the 
said  Commissioners  that  the  road  in  said  town,  used  as  a  highway,  leading 
from. . .  .to. . .  .,  has  been  laid  out,  but  not  sufficiently  described  of  record  {or 
has  been  used  as  a  public  highway  for  twenty  years,  but  has  not  been  recorded) 
it  is  ordered  by  the  said  Commissioners,  that  the  said  road  be  ascertained,  de- 
scribed and  entered  of  record.  And  the  said  Commissioners  do  further  order, 
that  the  description,  courses  and  distances  of  said  rond,  be  according  to  a  sur- 
vey which  they  have  caused  to  be  made  of  the  same,  as  follows :  (Insert  sur- 
vey), and  that  the  Hue  of  said  survey  be  the  centre  of  said  road,  and  said  road 
be  of  the  width  of  three  rods. 

In  witness  whereof,  we  have  hereto  placed  our  hands  this  ■  12th  day  of 
April,  1860. 

J.  a, 

H.  D., 

T.  J., 

Commissioners. 


No.  5V. 


DETERMmATION     UPON   A   SUBJECT    OF     DISAGREEMENT    BETWEEN   THE   COMMISSION- 
ERS OF  TWO  TOWNS,  RELATING  TO  A  ROAD  EXTENDING  INTO  BOTH  THEIR  TOWNS. 

At  a  joint  meeting  of  the  Commissioners  of  Highways  of  the  town  of 
Rhinebeck,  in  the  county  of  IXitchess,  and  the  Commissioners  of  HighAvaya 
of  the  town  of  Hyde  Park,  in  the  same  county,  held  at  the  house  of  B.  B.,  on 
the  12th  day  of  April,  1860,  upon  the  request  of  thesaid  Comrnis.^ioners  of  Higli- 
ways  for  the  town  of  Rhinebeck,  for  the  purpose  of  making  a  determination 
upon  the  subject  t)f  a  disagi-eement  between  the  said  Commissioners  of  the 
said  towns  relative  to  the  laying  out  (or  alteration  of)  a  road  hereinafter  de- 
scribed, and  extending  into  both  the  said  towns,  have  made  their  determination 


HIGHWAYS.  .  275 

upon  the  subject  of  the  said  disagreement,  and  do  hereby  determine  that  the 
said  road  be  laid  out  (or  altered)  as  follows,  to  wit:  (Here  set  forth  the  man- 
ner in  which  the  dispute  is  adjusted  and  settled.) 

In  witness  whereof,  we  have  hereto  subscribed  our  names  this  12th  day 
of  April,  18G0. 

^  J.  C, 

H.  D., 
T.  J, 
Commissioners  of  Highways  of  the  Town  of  Rhinebeck. 

L.  M., 

M.  N., 

P.  Q., 

Commissioners  of  Highways  of  the  Town  of  Hyde  Park. 


No.  5S. 


ORDER   OF   COMMISSIONERS    FOR   LAYING   OUT   A   HIGHWAY   ON   THE   LINE    BETWEEN 

TWO   TOWNS. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  towns  of  Hyde 
Park  and  Rhinebeck,  in  the  county  of  Dutchess,  in  the  said  town  of  Hyde 
Park,  on  the  12th  day  of  April,  1860,  for  the  purpose  of  laying  out  a  high- 
way upon  a  line  between  the  said  towns,  two  of  the  Commissioners  of  eaeh 
of  the  said  towns  being  present,  it  is  ordered  and  determined  by  the  said 
Commissioners,  that  a  highway  be  laid  out  upon  the  line  between  the  said 
towns,  or  as  near  thereto  as  the  convenience  of  the  ground  will  admit,  accord- 
ing to  a  survey  thereof,  which  the  said  Commissioners  have  caused  to  be 
made,  as  follows  :  (insert  survey)  and  that  the  said  line  as  above  described  be 
the  centre  of  the  said  highway,  and  that  the  said  highway  be  of  the  width  of 
three  rods.     And  it  is  further'ordered,  that  the  said  highway  be  divided  into 

two  road  districts,  as  follows  :  That  part  thereof  from to shall  be  one 

of  the  said  road  districts,  and  shall  be  allotted  to  the  said  town  of  Rhinebeck,  "and 
the  residue  of  the  said  highway  shall  be  the  other  of  the  said  road  districts, 
and  shall  be  allotted  to  the  said  town  of  Hyde  Park. 

In  witness  whereof,  the  said  Commissioners  have  hereto  subscribed  their 
names  the  12th  day  of  April,  1860. 

J.  C, 

H.  D., 
Commissioners  of  Highways  of  the  Town  of  Rhinebeck. 

L.  M., 

M.  K, 
Commissioners  of  Highways  of  the  Town  of  Hyde  Park. 


No.    SO. 

APPLICATION    FOR   A    PRIVATE    ROAD. 

To   the  Commissioners  of  Highways  of  the    town  of  Hyde   Park,  in   the 

county  of  Dutchess : 

I,  the  undersigned,  a  resident  of  said   town,  and  liable  to  he  assessed  for 

highway  labor,  do  hereby  make  application  to  you,  the  said  Commissi^iers, 

tc'lay  out  a  private  road  for  my  use,  commencing,  &c.  (insert  a  description  of 


276  THE  CLERK'S  ASSISTANT. 

the  road  as  applied  for,  snfficiently  certain  and  definite),  passing  through  the 
lands  of  P.  Q.  of  said  town. 

Dated  the  12th  day  of  April,  1860.  A.  B. 


No,  60. 

NOTICE    TO    THE    OWNER   AND    OCCUPANT. 

To  Messrs.  P.  E.,  S.  T.  and  J.  J. : 

A.  B.,  of  the  town  of  Hyde  Park,  having  made  application  to  us,  Commis- 
sioners of  Highways  of  said  town,  to  lay  out,  a  private  road,  a  copy  of  which 
application  is  hereto  annexed,  you  are  hereby  notified  that  a  jury  will  be 
selected  for  the  purpose  of  determining  upon  the  necessity  of  such  road,  and 
to  assess  tAe  damages  by  reason  of  such  opening  at  the  dwelling  house  of  P. 
S.,  one  of  said  Commissioners,  on  the  12th  day  of  April,  1860,  at  9  o'clock 
in  the  forenoon. 

P.  S., 
T.  R., 

0.  v., 


Hyde  Park,  April  2,  1860. 


Commissioners. 


N"o.  61. 

CERTIFICATE    OF   JURY    UPON    APPLICATION    FOR    A    PRIVATE    ROAD. 

We,  the  undersigned,  being  disinterested  fi'eeholders  of  the  town  of  Hyde 
Park,  in  the  county  of  Dutchess,  having  met  on  the  12th  day  of  April,  in  the  year 
1860,  at  the  house  of  B.  C.  in  said  town,  and  having  been  duly  sworn  well  and 
truly  to  examine  and  certify  with  regard  to  the  necessity  and  propriety  of  the 
road  described  in  the  annexed  application  of  A.  B.,  and  having  viewed  the 
lands  through  which  it  is  proposed  to  be  made,  do  certify,  that  in  our  opinion 
it  is  necessary  and  proper  to  lay  out  a  private  road  for  the  use  of  the  said  A. 
B.,  pursuant  to  his  said  appUcation,  and  we  assess  the  damages  of  P.  Q.  at 


In  witness  whereof,  we  have  hereto  subscribed  our  names  this  12th  day  of 
April,  1860. 

P.  R., 
S.  T.,  dec. 


No.    6S. 

SUMMONS    FOR   A    JURY    TO    DETERMINE    THE  PROPRIETY  OF  LAYING   OUT  A   PRIVATE 

ROAD. 

The  People  of  the  State  of  New  Tork,  to  any  one  of  the  Constables  of  the 
town  of  Hyde  Park,  county  of  Dutchess,  Grreeting : 
Tou  are  hereby  directed  to  summon  A.  D.  (insert  names  of  all  the  jurors), 
to  meet  at  the  dwelling  house  of  P.  S.  in  said  town,  on  the  12th  day  of  April, 
1800,*  at  9  o'clock  in  the  forenoon,  to  form  a  jury  to  determine  as  to  the  neces- 
sity of  laying  out  a  private  road  through  the  land  of  P.  Q..  on  the  application 


HIGHWAYS.  277 

of  A.  B.,  and  the  amount  of  damages  sustained  by  reason  of  such  opening,  if 
it  is  determined  to  open  the  same. 

Witness  our  hands  this  April  2,  1860.  P.  S., 

R  T., 

J.  G., 

Commissioners  of  Highways. 


No.    63. 

OATH    ADMINISTERED    TO    THE    JURORS. 


You  do  solemnly  swear,  in  the  presence  of  the  ever-living  God,  that  you 
will  well  and  truly  determine  as  to  the  necessity  of  a  private  road  across  the 
lands  of  P.  Q.,  as  has  been  applied  for  by  A.  B.,  and  that  you  will  well  and 
truly  assess  the  damages  occasioned  by  the  opening  of  such  road. 


No.    64. 

ORDER   FOR    LAYING    OUT    A   PRIVATE    ROAD. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Hyde 
Park,  in  the  county  of  Dutcliess,  at  the  the  inn  of  B.  B.,  in  the  said  town,  ou 
the  12th  day  of  April,  all  the  said  Commissioners  having  met  and  deliberated 
on  the  subject  of  this  order  {or  if  but  two  of  the  Commissioners  met,  say.  all 
the  said  Commissioners  having  been  duly  notified  to  attend  the  said  meeting, 
for  the  purpose  of  deliberating  on  the  subject  of  this  order),  upon  the  apphca- 
tion  of  A.  B.,  for  the  laying  out  of  the  private  road  hereafter  described,  and 
on  the  certificate  of  twelve  reputable  freeholders  of  said  town  convened  and 
duly  sworn,  after  due  notice  to  the  owner  {or  occupant)  of  the  lands  througli 
which  said  road  is  to  pass,  as  required  by  the  statute,  certifying  that  such  road 
was  necessary;  it  is  therefore  ordered  and  determined  by  the  said  Commis- 
sioners, that  a  private  road  be  laid  out  for  the  use  of  the  said  A.  B.,  pursuant 
to  his  application,  the  courses  and  distances  whereof,  according  to  a  survey 
thereof  which  the  said  Commissioners  have  caused  to  be  made,  are  as  follows  : 
(Insert  the  survey.)  And  it  is  further  ordered,  that  the  line  above  described 
shall  be  the  centre  of  said  road,  and  that  said  road  shall  be  of  the  width  of 
two  rods. 

In  witness  whereof,  we  have  hereto  subscribed  our  hands  this  12th  day  of 
AprU,  1860. 

^  J.  C, 

H.D., 
T.  J., 
Commissioners. 


No.    65. 

APPLICATION   FOR   DISCONTINUANCE   OF   AN   OLD   ROAD. 

To  the  Commissioners  of  Highways  of  the  town  of  Dover,  in  the  county  of 
Dutchess : 

The  undersigned,  a  resident  of  said  town,  liable  to  be  assessed  for  highAvay 
labor,  hereby  makes  application  to  you  for  the  discontinuance  of  the  old  road 
in  said  town,  commencing,  &c.  (describe  the  road),  on  the  ground  of  its  hav- 
ing become  useless  and  unnecessary. 

Dated  the  3d  day  of  April,  1860.  A.  B. 


278  THE  CLERK'S  ASSISTANT. 

N"o.    66. 

OATH    OF   FREEHOLDERS,    UPON   APPLICATION    FOR    THE    DISCONTINUANCE  OF  A  ROAD. 

You,  and  each  of  you,  do  swear,  that  you  will  well  and  truly  examine  and 
certify  in  regard  to  the  propriety  of  the  discontinuance  of  the  road  for  which 
A.  B.  has  made  application.     So  help  you  God. 


No.   6  7. 

CERTIFICATE    OF    FREEHOLDERS    FOR   THE    DISCONTINUANCE    OF    AN    OLD    ROAD. 

We,  the  undersigned,  disinterested  freeholders  of  the  town  of  Dover,  hav- 
ing met  at  the  inn  of  B.  B.,  on  this  12th  day  of  April,  1860,  in  pursuance  of 
the  summons  of  the  Commissioners  of  Highways  of  said  town,  in  order  to 
examine  and  certify  in  regard  to  the  propriety  of  discontinuing  the  road  des- 
cribed in  the  annexed  application,  and  after  being  duly  sworn,  and  having 
viewed  said  road,  do  certify  that  the  same  in  our  opinion  is  useless  and  un- 
necessary. 

In  witness  whereof,  we  have  hereto  subscribed  our  names  this  12th  day  of 
April,  1860. 

P.  R. 
S.  T.,  (fee. 


KTo.    68. 

ORDER    OF    COMMISSIONERS    FOR    DISCONTINUING   A    ROAD. 

At  a  meeting  of  the  Commissioners  of  Highways  of  the  town  of  Dover,  In 
the  county  of  Dutchess,  at  the  inn  of  B.  B.,  in  said  town,  on  the  12th  day  of 
April,  1860,  all  the  said  Commissioners  having  met  and  deliberated  on  the  sub- 
ject of  this  order  (or  if  but  two  of  the  Commissioners  met,  say,  aU  the  said 
Commissioners  having  been  duly  notified  to  attend  the  said  meeting,  for  the 
purpose  of  deliberating  on  the  subject  of  this  order),  upon  the  application  of 
A.  B.,  of  said  town,  for  the  discontinuance  of  the  road  hereinafter  described, 
and  on  the  certificate  of  twelve  disinterested  freeholders  duly  summoned  and 
sworn,  who  have  in  due  form  certified  that  said  road  is  *  useless  and  unneces- 
sary, and  the  said  Commissioners  having  caused  a  survey  of  said  road  to  be 
made  as  follows,  to  wit :  (Here  insert  the  survey.)  It  is  ordered  and  deter- 
mined by  the  said  Commissioners,  that  the  said  road  be,  and  the  same  hereby 
is  discontinued. 

In  witness  whereof,  we  have  hereto  subscribed  our  names  this  12th  day  of 
April  1S60. 

J.  C, 
H.  D., 
T.  J., 
Commissioners. 


HIGHWAYS.  279 

N"o.    69. 
ORDER   REFUSING   TO   DISCONTINUE   A   ROAD. 

As  in  the  last  form  to  the  *  and  then  as  follows:) 

N^ecessary  for  the  accommodation  of  various  persons  living  in  that  part  of 
the  town.  It  is  ordered  and  determined  by  the  said  Commissioners  that  the 
Slid  appUcation  of  the  said  A.  B.  to  discontinue  the  said  road  be  refused. 

J.  C, 
H.  D., 
T.  J., 
April  12,  1860.  Commissioners.. 


No.    70. 

APPEAL  TO  THE  JUDGE  OF  THE  COUNTY  COURT  OF  DUTCHESS  COUNTY  TO  BU 
ANNEXED  TO  A  COPY  OF  THE  ORDER  APPEALED  FROM. 

To  Hon.  L.  M.,  Judge  of  the  County  Court  of  the  county  of  Dutchess: 

Conceiving  myself  aggrieved  by  the  determination  of  the  Commissioners  of 
Highways  of  the  town  of  Dover,  in  said  county,  contained  in  the  order  of 
which  a  copy  is  hereto  annexed,  I  do  hereby  apjieal  to  you  therefrom,  and 
pray  the  appointment  of  referees,  according  to  the  form  of  the  statute  in  such 
case  made  and  provided,  to  hear  and  determine  my  said  appeal. 

This  appeal  is  brought  to  reverse  the  determination  of  the  Commissioners 
entirely,  on  the  ground  that  the  laying  out  of  said  highway  is  unnecessary, 
inexpedient,  and  improper. 

Or,  this  appeal  is  brought  to  reverse  so  much  of  the  determination  of  the 
Commissioners,  as  directs  the  said  road  to  be  laid  out  four  rods  wide,  instead 
of  three  rods  wide. 

Made  and  signed  by  me  this  12th  day  of  April,  i860.  A.  B. 


N"o.  71. 

APPOINTMENT    OF    REFEREES. 

A.  B.,  of  the  town  of  Dover,  having  appealed  from  the  determination  of 
the  Commissioners  of  Highways  of  said  town,  made  on  the  10th  day  of  Jan- 
uary, 1860,  in  laying  out  (altering  or  discontinuing),  a  highway  in  said  town, 
which  highway  is  particularly  described  in  the  said  appeal  and  sixty  days  hav- 
ing elapsed  after  such  determination  was  filed  in  the  office  of  the  Town  Clerk 
of  Dover. 

Now,  therefore,  I,  J.  L.,  County  Judge  of  said  county,  do  hereby  appoint 
L.  K.,  J.  M.  and  N.  P.,  all  residents  of  the  town  of  Hyde  Park,  three  disin- 
terested freeholders,  who  have  not  been  named  by  any  of  the  parties"  inte- 
rested in  said  appeal,  as  referees,  to  hear  and  determine  all  the  appeals  that 
have  been  brought  in  relation  to  the  determination  of  the  said  Highway  Corb- 
raissioners. 

J.  L., 
County  Judge  of  Dutchess  County. 

Poughkeepsie,  April  12,  1860.  *       » 


280  THE  CLERK'S  ASSISTANT, 


ISTo.  73. 

OATH    OF    REFEREES. 


You  do  solemnly  sweai,  lU  the  presence  of  the  ever-living  God,  that  you 
will  faithfally  hear  and  determine  the  matters  referred  to  you. 


No.    73. 

NOTICE  TO  THE  REFEREES  OF  THEIR  APPOINTMENT  TO  BE  INDORSED  ON  COPY  ORDER 

OF  APPOINTMENT. 

To  Messrs.  L.  K.,  J.  M.  and  N.  P. : 

Take  notice,  that  by  virtue  of  an  order,  of  which  the  within  is  a  copy,  you 
have  been  appointed  Referees,  to  hear  and  determine  the  appeal  therein 
referred  to,  and  that  the  papers  herewith  delivered  you  are  the  papers  pertain- 
ing to  the  appeal  referred  to  you. 

Yours,  &c., 

J.  L., 

County  Judge  of  Dutchess  County 
April  12,  1860. 


JSTo.    74. 

NOTICE    GIVEN    BY   THE    REFEREES    TO    THE    COMMISSIONERS. 

To  B.  C,  D.  E.,  and  F.  Gr.,  Commissioners  of  Highways  of  the  Town  of  Dover : 
The  undersigned  Referees,  duly  appointed  by  J.  L.,  Esq.,  County  Judge  of 
Dutchess  County,  to  hear  and  determine  an  appeal  made  to  the  said  Judge  by 
A.  B.,  of  the  town  of  Dover,  from  your  determination,  made  on  the  17th  day 
of  January,  1860,  and  filed  and  recorded  in  the  Town  Clerk's  office  of  said 
town,  on  the  18th  of  January,  1860,  laying  out  {or  refusing  to  lay  out,  or 
altenng)  a  road  as  in  said  order  described,  you  are  hereby  notified,  that  we 
shall  meet  at  the  dwelling  house  of  Gr.  S.,  Esq.,  in  said  town  of  Dover,  on  tlie 
12tli  day  of  April,  1860,  at  9  o'clock  in  the  forenoon,  to  hear  and  determine 
such  appeal. 

L.  K, 
J.  M., 
N.  P., 


April  2,  1860. 


Referees. 


N"o.    75. 


NOTICE   GIVEN   TO   THE   APPLICANT   BY   THE   REFEREES. 

To  A.  B.,  Esq. : 

«  Sir — Please  take  notice,  that  the  undersigned  Referees  will  meet  at  the 
dwelling  house  of  B.  P.,  in  Dover,  on  the  13th  day  of  April,  1860,  at  nine 
o'clock,  to  hear  and  determine  the  appeal  made  by  you  [or  by  J.  C),  to  tlie 
County  Judge  of  Dutchess  County,  from  the  order  and  determination  of  the 
Commissioners  of  Highways  of  the  Town  of  Dover,  as  contained  in  their 
order  of  February  17,  1860,  and  filed  and  recorded  in  the  office  of  the  Town 


HIGHWAYS.  281 

Clerk  of  the  Town  of  Dover,  February  18,  1860,  laying  out  (or  refusing  to 
lay  out  or  alter)  a  road  in  said  town,  as  in  said  order  described. 

Yours,  &c., 

L.  K., 
J.  M., 
N.  P., 
A^ril  12,  1860.  Referees. 


JSTo.  VQ. 

SUBPOENA  ON  APPEAL,  BY  REFEREES. 

The  People  of  the  State  of  New  York,  to  L.  L.,  0.  0. : 

You  and  each  of  you  are  hereby  commanded  to  be  and  appear  before  us  at 
the  dwelling  house  of  B.  P.,  in  Dover,  on  the  13th  day  of  April,  18C0,  at  9 
o'clock  in  the  forenoon,  to  testify  and  give  evidence  in  a  certain  matter  of  an 
appeal  made  by  A.  B.,  from  the  determination  of  the  Commissioners  of  the 
town  of  Dover,  then  and  there  to  be  heard,  tried  and  determined. 

Witness  our  hands  this  3d  day  of  April,  1860. 

Li.    K., 

J.  M., 
K  P., 

Referees, 


No.  rr. 

OATH  OF  WITNESS  BEFORE  THE  REFEREES. 

You  do  swear,  in  the  presence  of  the  ever-living  God,  that  the  evidence 
which  you  will  give  upon  this  hearing  shall  be  the  truth,  the  whole  truth,  and 
nothins:  but  the  truth. 


No.  78. 
DECISION   OF   THE   REFEREES   UPON   APPEAL. 

A  B  of  the  town  of  Dover,  having  appealed  to  the  County  Judge  of 
Dutchess  County,  from  the  order  and  determination  of  the  Commissioners  ot 
Hiffhwavs  of  the  said  town  of  Dover,  as  contained  in  their  order  made  Febru- 
ary 17  1860  and  filed  in  said  Town  Clerk's  office  February  18,  18G0,  altering 
(or  lay'incr  out,  or  discontinuing,  or  refusing  to  lay  out,  alter  or.di.^contmue)  a 
highway  as  in  said  order  described,  a  copy  of  which  appeal  is  hereto  annexed 
fand  L  T  and  S.  B.  have  also  duly  appealed  from  the  said  order  of  the  Com- 
missioners, which  appeal  is  also  hereto  annexed).  And  the  undersig-ned  have 
incr  been  duly  appointed  by  the  said  County  Judge,  referees  to  hear  and 
decide  and  determine  the  said  appeal,  did  attend  the  said  dwelling  house  of  B. 
P  in  the  town  of  Dover,  on  the  13th  day  of  April,  1860,  at  9  o  clock  m 
the  forenoon,  in  accordance  with  the  notices  by  us  duly  given  to  the  several 
parties  according  to  the  provisions  of  the  statute  in  such  case  made  and  pro- 
vided to  hear  the  allegations  of  the  parties  and  the  pro.ifs  of  their  witnesses; 
and  the  said  Referees  having  heard  the  proofs  and  allegations  ot  t  le  several 
parties  and  due  deliberation  thereon  being  had,  we  do  hereby  decide,  adjudge 
and  determine,  that  the  said  order  and  determination  of  the  said  Commia- 
36 


282  THE  CLERK'S  ASSISTANT. 

sioners  be  and  the  same  is  in  all  things  reversed  *  {or  affirmed,  or  reversed  in 
part,  or  affirmed  in  part,  as  follows,  set  forth  the  part  reversed). 
Given  under  our  hands  this  13th  day  of  April,  1860. 

L.  K., 
J.  M., 
N.  P., 
i  Referees. 


No.    79. 

referees'  order,  when  a  road  is  to  be  laid  out  by  them. 

{As  in  the  last  Form  to  the  *  then  as  follows:) 

And  we  do  further  order  and  determine,  that  the  said  highway  be  laid  out 
m  accordance  with  the  application  of  the  said  A.  B.,  and  the  same  is  hereby 
described  as  follows :  (insert  description.) 

L.  K., 
J.  M., 
K  P., 


Dover,  April  13,  1860. 


Referees. 


No.    SO. 

ASSESSMENT   BY   OVERSEER   FOR   SCRAPER   OR   PLOW. 

The  Commissioners  of  the  town  of  Bern  having  directed  and  empowered 
me,  the  Overseer  of  Highways  of  road  district  number  two.  to  procure  a  good 
and  sufficient  iron  or  steel  shod  scraper  {or  a  plow)  for  the  use  of  said  road  dis- 
trict, to  be  paid  for  by  the  money  arising  from  commutations  and  fines  within 
such  district,  and  such  moneys  being  insufficient  for  that  purpose:  The  under- 
signed, Overseer  as  aforesaid,  having  found  such  deficiency  to  be  $6,  do  hereby 
assess  said  deficiency  of  $6  upon  the  actual  inhabitants  of  said  district,  in  the 
proportion  they  are  respectively  assessed  on  the  assessment  roll  of  said  town, 
as  follows:     L.  0.  is  assessed  to  pay  $1.13,  &c. 

T.  R., 
Overseer  of  Road  District  No.  2. 

Bern,  April  13,  1860. 


TsTo.  81. 

KOTICE   by   overseer   to   agent   of   NON-RESIDENT  TO   PERFORM   HIGHWAY  LABOR. 

To  B.  P.,  Esq.,  agent  of  G-.  H.,  Esq.,  owner  of  lands  in  the  town  of  Bern, 
county  of  Albany : 
Take  notice,  that  G-.  H.,  Esq.,  has  been  assessed  three  days'  labor  en  the 
highway  in  district  number  two  in  said  town,  and  he  is  hereby  required  to 
perform  the  same  on  the  swamp  road,  between  the  houses  of  A.  B.  and  Y.  Z., 
in  said  district,  on  the  13th  day  of  April,  1860. 

^  L.  R., 

Overseer  J  die. 
April  5,  1860. 


HIGHWAYS.  283 

:isro.  8  3. 

NOTICE   TO   THE   OCCUPANT   OF   THE   LAND   FOR   THE   REMOVAL   OF   HIS   FENCES. 

To  Mr.  E.  F. : 

Please  to  take  notice,  that  we,  the  Commissioners  of  Highways  of  the  town 
of  Bern,  having  by  an  order  duly  made  and  filed  with  the  Town  Clerk,  bear- 
ing date  the  15th  day  of  January,  1860,  laid  out  a  pubHc  highway  through  your 
inclosed  lands,  do  hereby  require  you  to  remove  your  fences  from  within  the 
bounds  of  said  highway  within  sixty  days  after  the  service  of  tliis  notice. 

Yours,  &c., 

J".  C, 
H.  D., 
T.  J., 

Commissioners. 
Dated  the  13th  day  of  April,  1860. 


JSTo.    83. 

ORDER   OF   THE   COMMISSIONERS   TO   REMOVE   FENCES   IN    CASE   OF   AN   ENCROACH- 
MENT   ON    THE    HIGHWAY. 

We,  the  Commissioners  of  Highways  of  the  town  of  Bern,  in  the  county 
of  Albany,  having  ascertained  that  the  public  highway  in  said  town,  leading 
from  the  house  of  B.  B.  to  the  house  of  Y.  Z.,  is  encroached  upon  on  the 
easterly  side  thereof,  along  the  lands  in  the  occupation  of  W.  X.,  by  a  stone 
fence  erected  by  the  present  or  former  occupant  thereof,  which  forms  part  of 
the  inclosure  of  said  land ;  and  having  caused  the  said  highway  to  be  sur- 
veyed, and  having  ascertained  the  eastei-ly  bounds  and  limits  thereof  to  be 
upon  and  according  to  the  following  line,  to  wit :  Beginning,  &c.  (here  insert 
the  survey  of  the  line  over  which  the  encroachment  is  made),  and  that  all 
that  narrow  piece  of  land  which  lies  under  and  between  the  said  stone  fence 
and  the  line  above  described,  is  a  part  of  the  public  highway  aforesaid. 

It  is  therefore  ordered  by  the  Commissioners  of  Highways  of  said  town, 
that  the  said  stone  fence  be  removed,  so  that  the  said  highway  be  open 
and  unobstructed,  and  of  the  breadth  originally  intended,  wliich  was  three 
rods. 

Done  at  a  meeting  of  the  Commissioners  of  Highways  of  the  said  town  of 
Bern,  on  the  10th  day  of  January,  1859.  all  the  said  Commissioners  having  met 
and  deliberated  on  the  subject  of  this  order  (or  all  the  said  Commissioners 
having  been  notified  to  attend  the  said  meeting,  for  the  purpose  of  deliberat- 
ing on  the  subject  of  this  order). 

J.  C, 
H.  D., 
T.  J., 

Commissioners. 


No.    84. 

NOTICE  TO  THE  OCCUPANT  TO  REMOVE  THE  ENCROACHMENT. 

To  Mr.  W.  X. : 

Take  notice,  that  an  order,  of  which  a  copy  is  hereto  annexed,  has  been 
duly  made  by  the  Commissioners  of  Highways  of  the  said  town  of  Bern,  and 


284  THE  CLERK'S  ASSISTANT. 

j-^ou  are  required,  according  to  the  statute  in  such  case  made,  to  remove  the 
fence  therein  mentioned  within  sixty  days  after  service  of  this  notice. 

Yours,  &c., 

J.  C, 
H.  D., 
T.  J, 

Commissione)'S. 
Dated  the  11th  day  of  April,  in  the  year  1859. 


No.    85. 

DENIAL  OF  ENCROACHMENT  BT  THE  OCCUPANT. 

To  Messrs.  A.  B.,  L.  M.,  and  T.  Z.,  Commissioners  of  Highways  of  the  town 
of  Bern : 
Take  notice,  that  I  deny  that  the  highway  is  encroached  upon  as  mentioned 
and  described  in  the  order  made  by  you,  dated'' April  6,  1859,  and  referred  to 
in  the  notice  which  you  have  caused  to  be  served  on  me,  which  notice  bears 
date  April  11,  1859;  and  I  deny  that  the  said  highway  is  in  any  way  or 
manner  encroached  upon,  along  the  lands  occupied  by  me. 

Yours,  &c., 

W.  X. 

April  15,  1859. 


?^o.  86. 

PRECEPT    TO    SUMMON    A   JURY    TO    INQUIRE    INTO    THE    ENCROACHMENT. 

Toivn  of  Bern,  Albany  County,  ss.  To  any  Constable  of  said  town,  Greet- 
ing: You  are  hereby  commanded,  in  the  name  of  the  People  of  the  State  of 
New  York,  to  summon  twelve  freeholders  of  said  town,  to  meet  on  the  25th 
day  of  July,  instant,  at  9  o'clock  in  the  forenoon,  at  B.  B.'s  tavern  in  said 
town,  to  inquire  whether  anj^  encroachment  has  been  made,  and  by  whom 
upon  the  highway  in  said  town,  leading  from  the  house  of  Gr.  S.  to  the  house 
of  X.  Y.,  where  it  runs  along  the  lands  in  the  occupation  of  W.  X.,  in  the 
said  town.  And  give  at  least  three  days'  notice  to  the  Commissioners  of 
Highways  of  said  town,  and  to  the  said  W.  X.,  of  the  time  and  place  at  which 
the  said  freeholders  are  to  meet. 

G-iven  under  my  hand  this  5th  day  of  July,  1859. 

A.  R, 
Justice  of  the  Peace. 


No.  sr. 

juror's   oath,    on   AN   INQUIRY   CONCERNING   AN   ENCROACHMENT. 

You  do  swear,  that  you  will  well  and  truly  inquire  whether  any  encroach- 
ment has  been  made,  and  by  whom,  on  the  highway  now  in  question.  So  help 
you  God. 


HIGHWAYS.  285 

No.   88. 

OATH  TO  A  WITNtSS,  ON  AN  INQUIRY  CONCERNING  AN  ENCROACHMENT. 

You  do  swear,  that  the  evidence  you  shall  give  in  relation  to  the  alleged 
encroachment  on  the  highway  now  in  question,  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth.     So  help  you  God. 


ISTo.    89. 

NOTICE    TO    THE    COMMISSIONERS    AND    OCCUPANT    OF    THE    TIME    AND    PLACE    OF 
MEETING    OF   JURY. 

To  Messrs.  J.  C,  H.  D.,  and  T.  J.,  Commissioners  of  Highways  of  Bern,  and 
W.  X.,  Esq. : 
Take  notice,  that  twelve  persons,  freeholders  of  the  town  of  Bern,  have 
been  duly  summoned  to  meet  at  the  dwelling  house  of  B.  B.,  in  said  town,  on 
the  25th  day  of  July,  1859,  at  9  o'clock  in  the  forenoon,  to  inquire  in 
regard  to  the  alleged  encroachment  upon  the  highway  in  said  town,  where  it 
runs  through  \^or  by)  the  lands  occupied  by  the  said  W.  X.,  Esq. 

K.  C, 

Constable. 
July  10,  1859. 


No.    9  0. 

VERDICT  OF  THE  JURY,  ON  AN  INQUIRY  CONCERNING  AN  ENCROACHMENT  BY 

FENCE. 

The  undersigned,  freeholders  of  the  town  of  Bern,  in  the  county  of  Albany, 
summoned  and  assembled,  and  duly  sworn  as  a  jury,  in  pursuance  of  a  precept 
dated  the  5th  day  of  July,  1859,  issued  by  J.  S.,  a  Justice  of  the  Peace  of  said 
town,  on  the  application  of  the  Commissioners  of  Highways  thereof,  or  of  one 
of  them,  to  inquire  whether  any  such  encroachment  on  the  public  highway  in 
S'aid  town,  as  is  specified  in  an  order  of  said  Commissioners,  dated  the  10th  day 
of  April,  1859,  has  been  made,  and  by  Avhom,  and  having  heard  the  proofs  and 
allegations  produced  and  submitted,  do  certify,  that  such  encroachment  has 
been  made  by  W.  X.,  the  present  occupant  (or  by  Y.  Z.,  the  former  occu- 
pant). 

And  for  the  purpose  of  specifying  the  particulars  of  such  encroachment,  the 
jurors  aforesaid  do  find  and  certify,  that  the  easterly  bounds  and  limits  of  the 
said  highway  along  the  said  encroachment,  are  as  follows,  to  wit :  Beginning, 
&c.  (here  insert  the  survey,  or  a  precise  description  of  the  line),  and  that  the 
stone  fence  along  the  land  in  the  occupation  of  the  said  W.  X.,  and  westerly 
of  said  line,  is  upon  the  said  highway,  and  an  encroachment  thereon ;  and  that 
the  narrow  piece  of  land,  under  and  between  the  said  stone  fence  and  the 
aforesaid  line,  is  a  part  of  the  said  public  highway. 

Done  and  certified  this  25th  day  of  July,  in  the  year  1860,  as  witness  our 
hands. 

(If  the  jury  find  that  no  encroat„nment  has  been  made,  the  form  will  be  like 
the  preceding  as  far  as  the  word  "certify,"  and  then  as  follows,  to  wit:) 

That  no  such  encroachment  has  been  made  on  the  public  highway,  and  we 
have  ascertained,  and  do  certify,  that  the  said  W.  X.,  the  occupant  of  the  land 
through  {or  by)  which  the  said  highway  runs,  has  sustained  damages  by  rea- 
son of  the  proceedings  of  *-he  said  Commissioners  against  him  to  the  sum  of 
.    . .  dollars. 


286  THE  CLERK'S  ASSISTANT. 

IsTo.  91. 

WARRANT    TO   COLLECT   THE   COSTS   OF   AN   INQUIRY   CONCERNING   AN   ENCROACH- 
MENT. 

The  People  of  the  State  of  New  York,  to  any  Constable  of  the  town  of  Bern, 
in  the  county  of  xilbany : 

Whereas,  the  Commissioners  of  Highways  of  the  said  town  did,  on  the 
11th  day  of  April  last,  make,  reduce  to  writing,  and  sign  an  order  for  .the 
removal  of  a  certain  fence  as  an  encroachment  upon  the  highway,  running 
through  (or  by)  the  lands  in  said  town  in  the  occupation  of  W.  X.,  specifying 
the  breadth  of  the  road,  and  the  extent  and  place  of  the  encroachment,  accord- 
ing to  the  statute,  which  said  encroachment  being  denied  by  said  occupant,  a 
jury  of  twelve  freeholders  was,  upon  the  application  of  said  Commissioners 
{or  T.  J.,  one  of  said  Commissioners),  by  a  precept  issued  by  me,  duly  sum- 
moned to  inquire  into  the  premises,  and  the  said  jury  being  duly  assembled 
and  sworn,  after  due  notice  to  the  said  occupant,  as  required  by  law,  and 
having  heard  the  allegations  produced  and  submitted  on  the  25th  day  of  July, 
1859,  the  said  jury  made  and  subscribed  a  certificate  in  writing,  that  an 
encroachment  had  been  made  by  W.  X.,  the  present  (or  former)  occupant  of 
said  land,  stating  the  particulars  thereof.  And  whereas,  the  costs  of  the  said 
inquiry  amount  to  the  sum  of  six  dollars  and  ten  cents,  which  remain  unpaid. 
Therefore,  you  are  commanded  to  levy  the  said  costs  of  the  goods  and  chat- 
tels of  the  said  W.  X.,  the  occupant  of  the  said  land  through  (or  by)  which 
the  said  highway  runs,  and  bring  the  same  before  me  without  delay. 

Given  under  my  hand  and  seal  this  30th  day  of  July,  in  the  year  1859. 

A.  R,  [l.  S.J 

Justice  of  the  Peace. 


No.   92. 

VERDICT  OF  JURY  THAT  THERE  IS  NOT  ANY  ENCROACHMENT. 

(As  in  No.  90  to  the  words  '^do  certify,"  and  then  as  follows:) 

That  no  such  encroachment  has  been  made  on  the  public  highway,  and  we 
have  ascertained,  and  hereby  certify,  that  the  damages  which  the  said  W.  X., 
the  owner  (or  occupant)  of  the  lands  through  (or  by)  which  the  said  high- 
way runs,  has  sustained,  by  reason  of  the  proceedings  taken  against  him 
herein,  is  the  sum  of  $10. 

P.  P.,  &c.,  Jwfort 

Dated  July  25,  1860. 


CHAPTER  XXII. 

HUSBAND   AND    WIFE. 

Marriage,  so  far  as  its  validity  in  law  is  concerned,  is  a  civij 
contract,  to  whicli  the  consent  of  tlie  parties  capable  in  law  of 
contracting,  shall  be  essential. 

Marriages  between  parents  and  children,  including  grand- 
parents and  gi'andchildren  of  every  degree,  ascending  and  de- 
scending, and  between  brothers  and  sisters  of  the  half  as  well  as 
of  the  whole  blood,  are  incestuous  and  absolutely  void.  And 
this  provision  extends  to  illegitimate  as  well  as  legitimate  chil- 
dren and  relatives. 

When  either  of  the  parties  to  a  marriage  are  incapable,  for 
want  of  ao;e  or  tmderstandino-  of  consentinsr  to  a  marrias-e,  or  are 
incapable  from  physical  causes  of  entering  into  the  marriage 
state,  or  when  the  consent  of  either  party  has  been  obtained  by 
force  or  fraud,  the  marriage  shall  be  void  from  the  time  its 
nullity  shall  be  declared  by  a  court  of  competent  authority. 

No  second  or  subsequent  marriage  shall  be  contracted  by  any 
person  during  the  lifetime  of  any  former  husband  or  wife  of 
such  person,  unless : 

1.  The  marriage  with  such  former  husband  or  wife  shall  have 
been  annulled  or  dissolved  for  some  cause  other  than  the  adul- 
tery of  such  person ;  or 

2.  Unless  such  former  husband  or  wife  shall  have  been  finall}^ 
sentenced  to  imprisonment  for  life. 

But  if  any  person  whose  husband  or  wife  shall  have  absented 
himself  or  herself  for  the  space  of  five  successive  years,  without 
being  known  to  such  person  to  be  living  during  that  time,  shall 
marry  during  the  lifetime  of  such  absent  husband  or  wife,  the 
marriage  shall  be  void  only  from  the  time  that  its  nullity  shall 
''  be  pronounced  by  a  court  of  eompetei-.t  authority. 


288  THE  CLERK'S  ASSISTANT. 

For  the  purpose  of  being  registered  and  authenticated,  mar- 
riages must  be  solemnized  only  by  the  following  persons :  1. 
Ministers  of  the  Grospel  and  Priests  of  every  denomination. 
2.  Mayors,  Recorders  and  Aldermen  of  cities ;  and,  3.  Judges 
of  the  County  Courts  and  Justices  of  the  Peace.  When  solemn- 
ized by  a  Minister  or  Priest,  the  ceremony  of  marriages  hall  be 
according  to  the  forms  and  customs  of  the  church  or  society  to 
which  he  belongs.  When  solemnized  by  a  Magistrate  no  parti- 
cular form  is  necessary  except  that  the  parties  shall  solemnly 
declare  in  the  presence  of  the  Magistrate,  and  the  attending  wit- 
ness that  they  take  each  other  as  husband  and  wife.  And  there 
must  be  at  least  one  witness  present  at  tlie  ceremony. 

The  Minister  or  Magistrate  b}^  whom  the  marriage  was  sol- 
emnized shall  farnish,  on  request,  to  either  party,  a  certificate 
thereof,  specifying:  1.  The  names  and  places  of  residence  of  the 
parties  married,  and  that  they  were  known  to  such  Minister  or 
Magistrate,  or  were  satisfactorily  proved  by  the  oath  of  a  person 
known  to  him,  to  be  the  persons  described  in  such  certificate,  and 
that  he  had  ascertained  that  they  were  of  sufficient  age  to  con- 
tract marriage.  2.  The  name  and  place  of  residence  of  the 
attesting  witness  or  witnesses ;  and,  3.  The  time  and  place  of 
such  marriage.  The  certificate  shall  also  state  that  after  due  in- 
quiry made,  there  appeared  no  lawfal  impediment  to  such  mar- 
riage; and  it  shall  be  signed  by  the  person  making  it. 

Such  ceitificate,  signed  by  a  Magistrate,  may  be  filed  by  the 
Clerk  of  the  city  or  town  where  the  marriage  was  solemnized,  if 
signed  by  a  Minister  it  must  be  acknowledged  before  a  Magis- 
trate, and  it  may  then  be  filed  by  such  Clerk  and  entered  by  him: 
and  the  entry  of  such  certificate  shall  specify :  1.  The  names  and 
places  of  residence  of  the  persons  married.  2.  The  time  and 
place  of  marriage.  3.  The  name  and  official  station  of  the  per- 
son sio-nino-  the  certificate,  and  4.  The  time  when  the  certificate 
was  filed. 

Such  original  certificate,  the  original  entry  thereof  made  as 
above  directed,  and  a  copy  of  such  certificate  or  of  such  entry 
duly  certitied,  shall  be  received  in  all  courts  and  plact^,  as  pre- 
sumptive evidence  of  the  fact  of  such  marriage. 

The  Supreme  Court  may  declare  void  the  marriage  contract, 
for  cither  of  the  following  causes,  existing  at  the  time  of  the 


HUSBAXD  AND  WIFE.  289 

marriage.  1.  That  the  parties  or  one  of  them  had  not  attained 
the  age  of  legal  .consent.  2,  That  the  former  husband  or  wife  of 
one  of  tlie  parties  was  living,  and  that  the  marriage  with  such 
former  husband  or  wife  was  then  in  force.  8.  That  one  of  the 
parties  was  an  idiot  or  lunatic.  4.  That  the  consent  of  one  of 
the  parties  was  obtained  bj  force  or  fraud.  5.  That  one  of  the 
parties  was  physically  incapable  of  entering  into  the  married 
state. 

So,  too,  the  Supreme  Court  may,  upon  the  application  of  the 
wife,  declare  void  any  marriage  contract,  upon  evidence.  1.  That 
the  female  was,  at  the  time  of  the  alleged  marriage,  under  the  age 
of  fourteen  years,  .and  that  such  marriage  was  without  the  con- 
sent of  her  father,  mother,  guardian  or  other  person  having  the 
legal  charge  of  her  person,  and  was  an  offense  on  the  part  of  the 
husband,  under  the  statute,  and  punishable  according  to  law. 
2.  That  the  marriage  was  not  followed  by  consummation  or 
cohabitation,  nor  had  been  ratified  by  any  mutual  assent  of  the 
parties  after  the  female  had  attained  the  age  of  fourteen  years. 

Bivorces  may  be  decreed  and  marriages  may  be  dissolved, 
whe  never  adultery  has  been  committed  by  any  husband  or  wife, 
in  cither  of  the  following  cases:  1.  Where  both  husband  and 
wife  were  inhabitants  of  this  State,  at  the  time  of  the  commission 
of  the  offense.  2.  Where  the  marriage  has  been  solemnized,  or 
has  taken  place  within  this  State,  and  the  injured  party  at  the 
time  of  the  commission  of  the  offense,  and  at  the  ■  time  of  the 
suit,  shall  be  an  actual  inhabitant  of  this  State.  8.  Where  the 
offense  has  been  committed  in  this  State,  and  the  injured  party 
at  the  time  of  the  suit,  is  an  actual  inhabitant  of  this  State. 

Limited  divorces,  or  separation  from  bed  and  board  forever, 
or  for  a  limited  time,  may  be  decreed  by  the  Supreme  Court,  on 
the  complaint  of  a  married  woman :  Between  any  husband  and 
wife,  inhabitants  of  this  State  or  where  the  marriage  shall  have 
been  solemnized,  or  shall  have  taken  place  within  this  State,  and 
the  wife  shall  be  an  actual  resident  at  the  commencement  of  the 
suit  and  filing  the  complaint,  or  where  the  marriage  shall  have 
taken  place  out  of  this  State,  and  the  parties  have  become  and 
remained  inhabitants  of  this  State  at  least  one  year,  and  the  wife 
shall  be  an  actual  resident  at  the  time  of  commencing  the  action 

37 


290  THE  CLERK'S  ASSISTANT. 

and  filing  the  complaint.  Such  separations  or  limited  divorces 
may  be  decreed  for  the  following  causes:  l.'The  cruel  and 
inhuman  treatment  bj  the  husband  uf  his  wife.  2.  Such  con- 
duct on  the  part  of  the  husband  toward  his  wife  as  may  render 
it  unsafe  and  improper  for  her  to  cohabit  with  him.  3.  The 
abandonment  of  the  wife  by  the  husband,  and  his  refusal  or  neg- 
lect- to  provide  for  her. 

When  suits  are  brought  for  a  divorce  by  the  wife,  the  court 
may  require  the  husband  to  pay  any  sums  necessary  to  enable 
the  wife  to  carry  on  the  suit  during  its  pendency ;  and  may  make 
an  order  or  decree  for  the  support  and  maintenance  of  the  wife, 
and  her  children,  or  any  of  them,  by  the  husband  or  out  of  his 
property. 

At  common  law,  by  marriage,  the  husband  and  wife  became 
one  person  in  law ;  that  is  the  very  being  or  legal  existence  of 
the  woman  was  suspended  during  the  marriage,  or  at  least  incor- 
porated and  consolidated  into  that  of  the  husband.  All  the  per- 
sonal property  of  the  wife  became  the  personal  property  of  the 
husband,  provided  he  took  possession  of  it,  and  he  was  entitled 
to  the  income  of  her  real  estate.  He  became  bound  to  provide 
his  wife  with  necessaries,  as  much  as  himself;  and  if  she  con- 
tracts debts  for  them,  he  is  obliged  to  pay  them.  If  the  wife  was 
indebted  before  marriage  the  husband  was  bound  afterwards  to  pay 
the  debt,  for  he  adopted  her  and  her  circumstances  together.  If 
the  wife  was  injured  in  her  person  or  property,  she  could  bring 
no  action  for  redress  without  her  husband's  concurrence,  and  in 
his  name  as  well  as  her  own.  If  she  committed  a  tort,  or  wronged 
any  one,  she  could  not  be  sued  separately,  but  her  husband  also 
became  liable  for  the  damages. 

But  by  our  statute  the  wife  holds  her  property  both  real  and 
personal,  and  the  rents,  issues  and  profits  thereof,  free  and  clejir 
of  her  husband,  nor  does  it  become  in  any  manner  subject  to  his 
creditors,  or  liable  to  be  taken  in  payment  of  his  debts  without 
her  consent.  So,  too,  one  may  receive  and  collect  her- own  earn- 
ings and  hold  and  dispose  of  thern  without  their  becoming  liable 
to  be  taken  by  her  husband  or  to  pay  his  debts. 

She  may  insure  the  life  of  her  husband,  and  in  case  of  hei 
surviving  him,  the  amount  of  the  insurance  becomes  duo  and 


HUSBAND  AND  WIFE.  291 

payable  to  her,  or  in  case  of  her  death  before  the  decease  of  her 
husband,  the  amount  of  the  insurance  may  be  made  payable  after 
death  to  her  children,  or  to  their  guardian,  if  they  are  under  age. 

She  may  deposit  her  funds  in  any  bank  in  her  own  name,  and 
draw  them  out  at  her  own  pleasure;  and  if  she  is  a  stockholder 
or  member  of  any  stock  company,  she  may  vote  at  any  election 
for  directors  or  trustees  by  proxy  or  otherwise. 

Marriage  settlements  and  agreements  entered  into  before  and 
in  contemplation  of  marriage  are  greatly  favored  and  are  often 
enforced  even  as  against  creditors.  So,  too,  a  settlement  after 
marriage  made  in  pursuance  of  a  prior  written  agreement  is  good, 
and  will  be  enforced  against  creditors. 

The  husband  is  liable  for  the  necessaries  of  the  wife  only  so 
long  a»  she  consents  to  live  with  him,  if  she  voluntarily  leaves 
him,  the  liability  ceases ;  and  if  she  returns  or  offers  to  return  to 
him  the  liability  is  again  revived. 

In  case  of  a  disagreement  between  husband  and  wife,  the  hus- 
band may  convey  to  a  third  party  real  or  personal  property  to 
be  held  in  trust  for  the  support  of  the  wife.  And  where  a  trustee 
holds  property  in  trust  for  the  wife's  benefit  only,  he  may  on  the 
written  request  of  such  married  woman,  accompanied  by  a  cer- 
tificate of  a  Justice  of  the  Supreme  Court  that  he  has  examined 
the  condition  and  situation  of  the  property,  and  made  due  inquiry 
into  the  capacity  of  such  married  woman  to  manage  and  control 
the  same,  may  convey  to  such  married  woman,  all  or  any  portion 
of  such  property,  or  the  rents,  issues  and  profits  thereof,  for  her 
sole  and  separate  use  and  benefit. 


FORMS. 


No.   1. 

MARRIAGE   CERTITIOATE. 

County  of  Rensselaer,  lown  of  Nassau,  ss.  On  the  17th  day  of  April,  I860, 
before  me  came  A.  B.,  of  the  city  of  Troy,  and  T.  Z.,  of  the  town  of  Nassau, 
to  me  known  to  be  the  persons  herein  described  (or  Y.  Z.,  to  me  known,  and 
A.  B.  proven  to  me  by  the  oath  of  M.  0.  of  Nassau),  and  were,  on  the  said 
17th,  at  the  city  of  Troy,  by  me  lawfully  joined  in  the  holy  bonds  of  matri- 
mony, in  the  presence  of  M.  0.  of  Nassau.  And  I  further  certify,  that  I  ascer- 
tained that  the  said  A.  B.  and  Y.  Z.  were  of  sufficient  age  to  contract  mar- 
riage, and  that,  after  due  inquiry  by  me  made,  there  appeared  no  lawful 
impediment  to  such  marriage. 

Witness  my  hand  this  April  17,  1860. 

N.  P. 

In  presence  of 
N.  0. 


IVo.    3. 

magistrate's  certificate  to  be  indorsed  on  certificate  of  a  minister. 

County  of  Rensselaer,  ss.  I  hereby  certify,  that  on  this  17th  day  of  April, 
1860,  before  me  came  the  within  (,or  above)  named  N.  P.,  to  me  known  to  be 
the  Pastor  of  the  Presbyterian  Church  and  congregation  in  said  town,  and 
acknowledged  the  execution  of  the  within  {or  above)  certificate. 

C.  M.,  Justice  of  the  Peace. 


IVo.    3. 

magistrate's   certificate   on   a   minister's   certificate   PROVlaO   BY   A   SUB- 
SCRIBING  WITNESS. 

County  of  Reyisselaer,  Toivn  of  Nassau,  ss.  On  this  17th  day  of  April, 
1860,  before  me  came  M.  0.,  the  witness  to  the  within  certificate,  who,  being 
by  me  sworn,  did  say  that  he  resides  in  the  town  of  Nassau  ;  that  he  knows  the 
within  named  N.  P.  to  be  the  Pastor  of  ihe  Alethodist  Episcopal  Church  of  said 
town ;  that  he  was  present  and  saw  him  sign  the  within  certificate,  and  that 
lie  thereupon  became  the  subscribing  witness  thereto. 

C.  M.,  Justice  of  ihe  Peace. 


HUSBAND  AND  WIFE.  293 


No.     4. 

CERTIFICATE   OF   TOWN   CLERK, 


Voiinfi/  of  Rensselaer,  Toiun  of  Nassau,  ss.  I  hereby  certify,  that  on  the  17th 
day  of  April,  1860,  at  9  hours  A.  M.,  a  certificate  of  marriage,  signed  by  N. 
P.,  Pastor  of  the  Methodist  Episcopal  Church  of  said  town  of  jSTassau,  certify- 
ing and  showing  that  A.  B.,  of  the  city  of  Troy,  and  Y.  Z.,  of  the  town  of 
Nassau,  had  been  duly  married  by  the  said  N.  P.,  at  the  dwelling  house  of 
G.  0.,  in  said  toAvn,  on  the  15th  day  of  April,  18G0,  at  9  o'clock  in  the  evening, 
— was  duly  filed  in  my  office.  F.  C, 

Clerk  of  the  Town  of  Nassau. 


If  o.    5. 

OATH    OF    WITNESS  IDENTIFYING    PARTIES. 


You  do  solemnly  swear  that  you  will  true  answers  make  to  such  questions 
as  shall  be  put  to  you,  touching  the  identity  of  Y.  Z.  and  A.  B.,  now  here  pre- 
sent.    So  help  you  God. 


MARRIAGE   ARTICLES. 

This  agreement,  made  this  18th  day  of  April,  1860,  between  A.  B.,  of  the 
city  of  Syracuse,  of  the  first  part,  E.  D.,  of  the  city  of  Troy,  of  the  second 
part,  and  E.  F.  of  the  third  part,  witnesseth :  That,  whereas,  the  said  E.  D.  is 
seised  in  fee  of  certain  lands  in  the  city  of  Troy ;  and  whereas,  a  marriage  is 
shortly  intended  to  be  solemnized  between  the  said  A.  B.  and  E.  D. :  Now, 
therefore,  it  is  covenanted  and  agreed,  by  and  between  me  said  parties  to  these 
presents,  as  follows :  First,  the  said  A.  B.  for  himself,  his  heirs,  executors  and 
administrators,  doth  covenant  and  agree,  to  and  with  the  said  C.  D.  and  E.  F., 
their  heirs  and  assigns,  that  they,  the  said  A.  B.  and  E.  D.,  his  intended  wife, 
in  case  the  said  intended  marriage  shall  be  solemnized,  by  some  good  and  suf- 
ficient conveyance  or  conveyances,  will  settle  and  assure  the  aforesaid  lands, 
with  the  appurtenances,  whereof  the  said  E.  D.  is  seised  as  aforesaid,  on  and 
to  the  said  C.  D.  and  E.  F.,  to  the  use  and  behoof  of  the  said  A.  B.,  during 
the  term  of  his  natural  life  ;  and  from  and  after  the  decease  of  the  said  A. 
B.,  then  to  the  use  and  behoof  of  the  said  E.  D.,  his  said  intended  wife,  for 
and  during  the  term  of  her  natural  life ;  and  from  and  after  her  decease,  then 
to  the  use  and  behoof  of  the  heirs  of  the  body  of  the  said  E.  D.,  by  the  said 
A.  B.  lawfully  to  be  begotten,  and  for  the  default  of  such  issue,  then  to  the  use 
and  behoof  of  the  said  E.  D.,  her  heirs  and  assigns  forever,  and  to  and  for  no 
other  use,  intent  or  purpose  whatsoever. 

And  whereas  the  said  E.  D.  is  also  possessed  of,  or  interested  in,  for  the 

remainder  of  a  term  of years  (if  she  shall  so  long  live),  all  that  messuage 

or  tenement,  with  the  appurtenances,  situated,  &c.,  by  virtue  of  a  certain  in- 
denture of  lease  thereof  granted  to  the  said  E.  D.,  by  L.  M.,  of,  &c.  Now 
the  said  A.  B.  for  himself,  his  heirs,  executors,  and  administrators,  doth  further 
covenant,  grant,  and  agree  to  and  with  the  said  C.  D.  and  E.  F.,  their  heirs, 
and  assigns,  that  they  the  said  A.  B.,  and  E.  D.,  his  said  intended  wife  (in 
case  the  said  marriage  shall  take  efiect),  shall  and  will,  by  like  good  and  suffi- 
cient conveyances  in  the  law,  settle  and  assure  the  said  messuage  or  tenement, 
with  the  appurtenances,  in  such  manner,  as  that  the  same  may  be  held  and 
enjoyed,  and  the  rents  and  profits  thereof  may  be  had,  received,  and  taken  by 
the  said  A.  B.  and  his  assigns,  during  so  many  years  of  the  said  term,  as  he 


i^94  THE  CLERK'S  ASSISTANT. 

shall  happen  to  live ;  and  from  and  after  his  decease,  then  by  the  said  E.  D., 
his  said  intended  wife,  and  her  assigns,  for  and  during  so  many  years  of  the 
said  term  as  she  shall  happen  to  live ;  and  from  and  after  her  decease,  then  by 
such  children  of  the  said  E.  D.,  by  the  said  A.  B.  to  be  begotten,  in  such  man- 
ner as  it  may  not  be  in  the  power  of  the  said  A.  B.  to  defeat  such  their  issue  • 
and  for  default  of  such  issue,  then  by  the  executors,  administrators,  or  assigns 
of  the  said  E.  D.,  and  upon  no  other  trust,  and  to  and  for  no  other  use,  intent, 
or  purpose  whatsoever. 

And  forasmuch  as  the  said  A.  B.  is  not  at  present  seised  or  possessed  of  any 
estate  sufficient  to  make  a  jointure  for  the  said  E.  D.,  his  intended  wife,  equi- 
valent to  her  fortune,  the  said  A.  B.  doth  for  himself,  his  heirs,  executors,  and 
administrators,  covenant,  grant,  and  agree,  to  and  with  the  said  C.  D.  and  E. 
F.,  their  heirs,  and  assigns,  that  in  case  the  said  intended  marriage  shall  take 
effect,  and  he,  the  said  A.  B.,  shall  happen  to  die  in  the  lifetime  of  the  saidE. 
D.,  that  then  he,  the  said  A.  B.,  shall  and  will,  by  his  last  will  and  testament, 
in  writing,  or  otherwise,  give  and  assure  unto  the  said  E.  D.,  the  sum  of 
S5,000,  of  lawful  money  of  the  United  States,  or  the  full  value  thereof  in 
lands,  tenements,  goods,  or  chattels,  to  be  at  her  own  proper  disposal,  and  to 
be  by  her  received,  and  taken  to  her  own  proper  use  and  benefit. 

In  Avitness,  &;c. 


3Vo.    "7. 

SEPARATION    BETWEEN   A    MAN    AND    HIS   WIFE, 

This  indenture  of  tliree  parts,  made  the  18th  day  of  April,  1860,  between  G. 

Gr.j  of of  the  first  part,  A.  his  wife  of  the  second  part,  and  B.  (a  trustee)  of 

the  third  part.  (Whereas,  &c.,  (here  insert  recital  of  the  settlement  before 
marriage,  if  any  such  marriage  settlement  there  be),  and)  whereas  some  un- 
happy diiferences  have  lately  "arisen  between  the  said  G.  G-.  and  the  said  A., 
his  wife,  and  they  have  mutually  agreed  to  live  separate  and  apart  from  each 
other  •  and  previous  to  such  separation,  he  the  said  Gr.  G.  hath  consented 
thereto,  and  also  proposed  and  agreed  that  he  out  of  Ms  own  proper  moneys, 
would  allow  and  pay  to  the  said  A.,  his  wife,  during  the  term  of  her  natural 
life,  for  her  better  support  and  maintenance  (over  and  above  the  provision 
made  and  settled  upon  her  the  said  A.  for  her  separate  use  by  the  above  recited 
indenture,  one  annuity  or  yearly  sum  of  $100  clear  of  all  taxes,  charges,  and 
deductions  whatsoever,  payable  to  her  in  such  manner  as  hereinafter  is  men- 
tioned, subject  nevertheless,  to  the  provision  hereinafter  contained,  touching 
the  payment  of  the  said  annuity).  And  also,  that  in  case  the  said  A.  his  wife 
should  die  before  him,  the  said  G.  G,  that  then  the  said  G.  G.  should  pay  to 
her  executors  the  sum  of  $10  towards  her  funeral  charges,  and  that  the  said 
G.  G.  would  hereby  ratify  and  confirm  the  herein  before  received  settlement 
in  such  manner,  as  hereafter  is  mentioned :  Now  this  indenture  witnesseth,  that 
the  said  G.  G.  in  pursuance  of  his  aforesaid  proposal  and  agreement,  doth 
hereby  tor  himself,  his  executors,  administrators,  and  for  every  of  them,  cove- 
nant, promise,  and  agree,  to  and  with  the  said  B.  (the  trustee),  his  executors, 
administrators,  and  assigns ;  and  doth  also  agree  with  the  said  A.,  his  wife,  in 
manner  and  form  following,  (that  is  to  say)  that  it  shall  and  may  be  lawful  to 
and  for  the  said  A.  his  wife,  and  that  he  the  said  G.  G.  shall  and  will  permit 
and  suffer  her  the  said  A.  from  time  to  time,  and  at  all  times  from  heiiceforth, 
during  her  natural  life,  to  live  separate  and  apart  from  him,  and  to  reside,  and 
be  in'^such  place  and  places,  and  in  such  family  and  families,  and  with  such 
relations  friends,  and  other  persons,  and  to  follow  and  carry  on  such  trade  and 
business,'  as  she  the  said  A.  from  time  to  time  at  her  will  and  pleasure  (not- 
withstanding her  present  coverture,  and  as  if  she  were  a  feme  sole  and  un- 
married) shall  thmk  fit ;  and  that  he  the  said  G.  G.  shall  not,  nor  will  at  anv 


HUSBAND  AND  WIFE.  295 

time  or  times  hereafter  sue  her  the  said  A.  in  any  court,  for  Hving  separate  and 
apart  from  him,  or  compel  her  to  cohabit  with  him,  or  to  sue,  molest,  disturb, 
or  trouble  her  for  such  living  separate  and  apart  from  him,  or  any  other  per- 
son or  persons  whomsoever,  for  receiving,  harboring,  or  entertaining  her; 
nor  shall  or  will  without  the  consent*  of  the  said  A.  visit  her,  or  knowingly 
come  into  any  house  or  place  where  she  shall  or  may  dwell,  reside,  or  be;  or 
send  or  cause  to  be  sent  any  letter  or  message  to  her;  nor  shall  or  will  at  any 
time  hereafter  claim  or  demand  any  of  the  moneys,  rings,  jewels,  plate,  clothes, 
linen,  woolen,  household  goods,  or  stock  in  trade,  which  she  the  said  A.  now 
hath  in  her  custody,  power,  or  possession,  or  which  she  shall  or  may  at  any 
time  hereafter,  buy  or  purchase,  or  which  shall  be  devised  or  given  to  her,  or 
shall  otherwise  acquire,  and  that  she  shall  and  may  enjoy,  and  absolutely  dis- 
pose of  the  same,  as  if  she  were  a  feme  sole  and  unmarried.  And  further 
that  he  the  said  Gr.  G.,  his  executors,  or  administrators,  or  some  or  one  of 
them,  shall  and  will  well  and  truly  pay,  or  cause  to  be  paid  unto  the  said  A. 
his  wife,  or  her  assigns,  during  the  term  of  her  natural  life,  for  and  towards 
her  better  support  and  maintenance,  one  annuity  or  yeai-ly  sum  of  $300  of 
lawful  money  free  and  clear  of  all  taxes,  charges,  and  deductions  whatsoever ; 
the  said  annuity  or  yearly  sum  of  $300  to  be  paid  and  payable  to  her  the  said 
A.,  and  her  assigns,  durnig  her  natural  life,  at  or  upon  the  1st  days  of  Janu- 
ary, April,  July  and  October,  or  within  10  days  next  after  each  of  the  said 
days,  by  four  equal  parts;  the  first  quarterly  payment  thereof  to  begin  and  be 
made  on  the  1st  day  of  July  next,  or  within. . .  .days  then  next  following. 
In  consideration  of  which  said- $100  per  annum  so  hereby  made  payable  t© 
her  the  said  A.  in  manner  as  aforesaid,  and  of  the  provision  so  m.ade  for  her 
by  the  said  recited  indenture  of  settlement  in  manner  as  aforesaid,  she  the 
said  A.  doth  hereby  agree  to  accept  and  take  in  full  satisfaction  for  her  sup- 
port and  maintenance,  and  all  alimony  whatsoever  during  her  coverture.  Pro- 
vided always,  and  it  is  hereby  expressly  agreed  and  declared,  by  and  between 
all  the  parties  hereunto,  and  the  true  intent  and  meaning  of  them  and  these 
presents  is  and  are,  that  m  case  he  the  said  G.  G.,  his  executors,  or  adminis- 
trators, shall  at  any  time  hereafter  be  obliged  to,  and  shall  actually  pay  any 
debt  or  debts  which  she  the  said  A.  his  wife,  shall  at  any  time  hereafter  dur- 
ing her  present  coverture,  contract  with  any  person  or  persons  whatsoever 
that  then  and  in  such  case,  it  shall  and  may  be  lawful  to  and  for  the  said  G. 
G.,  his  executors,  and  administrators,  to  deduct,  retain,  and  reimburse  to  him 
and  themselves  out  of  the  said  annuity  or  yearly  sum  of  $100  so  hereby  made- 
payable  to  her  the  said  A.  as  aforesaid,  all  and  every  such  sum  and  sums  of 
money,  as  he  or  they  shall  be  obliged  to,  and  shall  so  actually  pay  for  or  on. 
account  of  such  debt  or  debts  to  be  by  her  the  said  A.  at  any  time  hereafter 
so  contracted  as  aforesaid,  together  with  all  costs,  charges,  and  damages,  which 
he  or  they  shall  or  may  pay  or  sustain  on  account  thereof;  anything  hereia 
contained,  &c.  And  lastly,  the  said  G.  G.  (in  pursuance  and  full  performance 
of  his  said  recited  agreement,  and  divers  other  good  and  valuable  causes  and 
considerations,  him  thereunto  especially  moving)  hath,  and  by  these  presents 
doth  absolutely  establish,  ratify,  and  confirm  as  well  the  said  herein  before  re-- 
cited  indenture  of  assignment  and  settlement  made  of  the  said  personal  estate 
of  the  said  A.  his  wife,  and  of  the  said  $100  and  gold  watch  by  the  said  G. 
G.  and  A.  his  wife,  so  thereby  respectively  assigned  to  them,  the  said  G.  T. 
and  J.  B.  (the  trustees)  as  aforesaid;  and  all  and  every  the  several  trusts,  uses 
declarations,  conditions,  and  agreements,  in  the  same  indenture  mentioned, 
limited,  expressed,  and  declared  of  and  concerning  the  same  respectively. 

In  witness  whereof,  the  said  parties  have  hereto  interchangeably  set  their 
bands  and  seals  the  day  and  year  first  above  written. 

G. 
A. 
B. 


G. 

[L. 

s.] 

G. 

[L. 

S.] 

B. 

[L. 

s.] 

296.  THE  CLERK'S  ASSISTANT. 

IVo.    8. 

JOINTURE    IN    PLACE    OF    DOWER. 

This  agreement,  made  this  18th  day  of  April,  1860,  between  A.  A.  of  the 
first  part,  E.  E.  of  the  second  part,  and  C.  C.  of  the  third  part,  witnesseth : 
That  the  said  A.  in  consideration  of  a  marriage  about  to  be  solemnized  be- 
tween him  and  the  said  E.  does  covenant  and  agree  to  and  with  the  said  G. 
his  heirs  and  assigns,  that  he,  the  said  A.  his  heirs  and  assigns,  shall  and  will 
forever  hereafter  stand  seised  of  and  in  a  certain  tract  or  parcel  of  land,  with 
the  appurtenances  bounded  and  described  as  follows:  (insert  description)  to 
the  following  uses,  viz.:  to  the  use  of  the  said  A.  for  and  during  his  natural 
life,  and  after  his  marriage  with  the  said  E.,  and  after  his  decease  to  her  use 
during  her  natural  hfe  {or  so  long  as  she  shall  remain  his  widow)  for  her  joint- 
ure, and  in  full  satisfaction  of  her  whole  dower  in  his  estate  after  his  decease, 
and  at  the  expiration  of  her  estate,  to  the  use  of  his  heirs  and  assigns  forever. 
And  the  said  E.  in  consideration  of  these  premises  and  of  ^1  to  her  in  hand 
paid,  does  covenant  and  agree  with  the  said  A.  that  the  lands  so  assigned  and 
set  apart  to  her,  shall  be  in  full  satisfaction  of  her  dower  or  claim  of  dower  in 
his,  the  said  A.'s  estate,  and  shall  bar  her  from  claiming  any  dower,  if  she 
shall  survive  him  after  said  marriage,  and  that  she  will  not  claim  any  share  in 
his  personal  estate,  unless  the  said  A.  shall  give  her  some  part  thereof  by  his 
will,  or  by  some  act  done  by  him  subsequent  to  the  execution  of  these 
presents. 

In  witness  whereof,  the  said  parties-  have  hereto  affixed  their  hands  and 
seals  the  day  and  year  first  above  written. 

A.  A.  [l,  S.J 
E.  E.  [l.  s.] 
C.    C.  rj,  8.1 


CHAPTER  XXTTI. 

HOMESTEAD  EXEMPTION. 

In  addition  to  the  property  now  exempt  by  law  from  sale 
under  execution,  the  statute  of  New  York  provides  that  there 
shall  be  exempt  by  law  from  sale  on  execution  for  debts  hereaf- 
ter (1850)  contracted,  the  lot  and  buildings  thereon  occupied  as 
a  residence  and  owned  by  the  debtor,  being  a  householder  and 
having  a  family,  to  the  value  of  one  thousand  dollars.  Such 
exemption  shall  continue  after  the  death  of  such  householder, 
for  the  benefit  of  the  widow  and  family,  some  or  one  of  them 
continuing  to  occupy  such  homestead  until  the  youngest  child 
becomes  twenty-one  years  of  age,  and  imtil  the  death  of  the 
widow.  And  no  release  or  waiver  of  such  exemption  shall  be 
valid  unless  the  same  shall  be  in  writing,  subscribed  by  such 
householder,  and  acknowledged  in  the  same  manner  as  convey- 
ances of  real  estate  are  by  law  required  to  be  acknowledged. 

To  entitle  any  property  to  such  exemption,  the  conveyance 
of  the  same  shall  show  that  it  is  designed  to  be  held  as  a  home- 
stead under  this  act,  or  if  already  purchased,  or  the  conveyance 
does  not  show  such  design,  a  notice  that  the  same  is  designed  to 
be  so  held  shall  be  executed  and  acknowledged  by  the  person 
owning  the  said  property,  which  shall  contain  a  full  description 
thereof,  and  shall  be  recorded  in  the  of&ce  of  the  Clerk  of  the 
county  in  which  the  said  property  is  situated,  in  a  book  to  be 
provided  for  that  purpose,  and  known  as  the  "  Homestead  Ex- 
emption Book."  But  no  property  shall,  by  virtue  of  this  act,  be 
exempt  fi-om  sale  for  non-payment  of  taxes  or  assessments,  or  for 
a  debt  contracted  for  the  purchase  thereof,  or  prior  to  the  record- 
ing of  the  aforesaid  deed  or  notice. 

K,  fh  the  opinion  of  the  Sheriff  holding  an  execution  against 
such  householder,  the  premises  claimed  by  him  or  her  as  exempt 
38 


298  THE  CLERK'S  ASSISTANT. 

arc  wortli  more  than  one  thousand  dollars,  lie  shall  summon  six 
qua] i lied  jurors  of  his  county,  who  shall  appraise  said  premises, 
and  if,  in  the  opinion  of  the  jury,  the  property  may  be  divided 
without  injury  to  the  interests  of  the  parties,  they  shall  set  off  so 
much  of  said  premises,  including  the  dwelling  house,  as  in  their 
opinion  shall  be  worth  one  thousand  dollars,  and  the  residue  of 
said  premises  may  be  advertised  and  sold  by  such  Sheriff. 

In  case  the  value  of  the  premises  shall,  in  the  opinion  of  the 
jury,  be  more  than  one  thousand  dollars,  and  cannot  be  divided, 
they  shall  make  and  sign  an  appraisal  of  the  value  thereof,  and 
deliver  the  same  to  the  Sheriff,  who  shall  deliver  a  copy  thereof 
to  the  execution  debtor,  or  to  some  of  his  family  of  suitable  age 
to  understand  the  nature  thereof,  with  a  notice  thereof  attached, 
that  unless  the  execution  debtor  shall  pay  to  saiS  Sheriff  the 
surplus  over  and  above  one  thousand  dollars  within  sixty  days 
thereafter,  that  such  premises  will  be  sold. 

In  case  such  surplus  shall  not  be  paid  within  the  said  sixty 
days,  tlie  Sheriff  may  proceed  and  sell  the  premises,  and  out  of 
the  proceeds  of  such  sale  to  pay  such  execution  debtor  the  sum 
of  one  thousand  dollars,  which  shall  be  exempt  from  execution 
for  one  year  thereafter,  and  apply  the  balance  on  such  execu- 
tion ;  provided  that  no  sale  shall  be  made  unless  a  greater  sum 
than  one  thousand  dollars  shall  be  bid  therefor,  in  which  case 
the  Sheriff  may  return  the  execution  for  want  of  property.  The 
costs  and  expenses  of  selling  off  such  homestead,  as  provided 
herein,  shall  be  charged  and  included  in  the  Sheriff's  bill  of 
costs  upon  said  execution. 


FORMS. 


No.  1. 

EXEMPTION   CLAUSE   IN   A   DEED   OF   THE   HOMESTEAD. 

The  premises  herein  described  and  hereby  conveyed,  are  purchased  for  and 
designed  to  be  held  and  l^ept  as  a  homestead,  exempt  from  sale  on  execution, 
in  accordance  with  the  provisions  of  the  act  entitled  "An  act  to  exempt  from 
sale  on  execution  the  homestead  of  a  householder  having  a  family,"  passed 
April  10,  1850. 


No:  a. 

NOTICE   THAT   IT   IS   DESIGNED   TO    HOLD   A    CERTAIN    HOUSE   AND   LOT   A3   A   HOME 

STEAD. 

Know  all  men  by  these  presents,  that  I,  N.  W.,  of  the  city  of  Albany,  being 
a  householder,  and  having  a  family,  in  conformity  with  a  statute  entitled  "An 
act  to  exempt  from  sale  on  execution  the  homestead  of  a  householder  having 
a  family,"  passed  April  10,  1850,  do  designate  that  the  following  described 
property  is  designed  by  me  to  be  held,  used  and  occupied  as  a  homestead,  in 
conformity  with  said  act,  to  wit:  All  that  certain  lot,  with  the  dwelling  house 
thereon,  bounded  as  follows :  (insert  description.) 

In  witness  Avhereof,  I  have  hereunto  set  mv  hand  and  seal  this  3d  day  of 
May,  1860. 

N.  W.    [l.  S.J 

IS"o.    3  . 

ACKNOWLEDGMENT   ANNEXED   TO   THE   FOREGOING. 

City  and  County  of  Albany ,  ss.  On  this  3d  day  of  May,  1860,  before  me 
came  the  above  named  N.  W.,  to  me  known  to  be  the  person  described  in  and 
who  executed  the  foregoing  (o?-  the  within)  instrument,  and  acknowledged  the 
execution  thereof 

L.  .  P.,   Commissioner  of  Deeds. 


No.    4. 

WAIVER    OF    EXEMPTION. 

Whereas,  I  have  become  indebted  to  C.  D.  in  the  sum  of  $500,  and  have 
confessed  judgment  to  him  for  that  amount,  to  secure  his  indebtedness  (or  he 
nas  obtained  judgment  against  me  for  that  amount),  now  to  secure  and  make 
safe  the  said  C.  D.,  and  in  consideration  of  SI  to  me  paid,  I  do  hereby  release  and 
waive  any  and  all  benefit  or  advantage  by  me  obtained,  by  virtue  of  my  cer- 


300  THE  CLERK'S  ASSISTANT. 

tificate  recoided  {or  the  clause  inserted  in  my  deed),  under  and  in  accordance 
with  tlie  provisions  of  an  act  entitled  "An  act  to  exempt  from  sale  on  execu- 
tion the  homestead  of  a  householder  having  a  family,"  passed  April  10,  1850, 
so  that  said  property,  so  held  by  me  as  exempt,  by  virtue  of  said  statute  and 
said  certiiicate  {or  clause  in  said  deed),  may  be  levied  upon  and  sold  on  exe- 
cution issued  against  me  for  a  demand  owing  by  me  to  the  said  C.  D. 
W'tness  my  hand  and  seal  this  May  3d,  1860. 


(Add  acknow  ledgment,  as  No.  3.) 


N.  W.  |"L.  S.J 


OATH   ADMINISTERED   TO   A   JURY   IN    REGARD   TO   HOMESTEAD   EXEMPTION. 

You  and  each  of  you  do  swear  in  the  presence  of  the  ever-living  God,  that 
you  will  well  and  truly  estimate  the  value  of  the  property  which  shall  be  slaown 
to  you,  and  which  is  claimed  to  be  held  by  N.  W.,  as  an  exempt  homestead, 
and  a  true  certificate  thereof  render  in  accordance  with  the  provisions  of  the 
act  entitled  "An  act  to  exempt  from  sale  on  execution  the  homestead  of  a  house- 
holder having  a  family,"  passed  April  10th,  1850. 


3N"o.    6. 

CERTIFICATE   OF   A   JURY   APPRAISING   A   HOMESTEAD. 

We  the  undersigned  having  been  summoned  and  qualified  by  the  sheriff  of 
the  county  of  Albany  as  jurors  to  examine  and  appraise  the  real  property  of 
N.  W.,  claimed  by  him  to  be  held  as  a  homestead  under  and  by  virtue  of  an 
act  entitled  "An  act  to  exempt  fom  sale  on  execution  the  homestead  of  a  house- 
holder having  a  family,"  passed  April  10th,  1850,  do  hereby  certify  that  we 
have  examined  the  following  described  premises  (insert  description),  which 
are  claimed  to  be  held  by  the  said  N.  "W.,  as  an  exempt  homestead  according 
to  the  statute  aforesaid,  *  and  that  the  said  premises  are  worth  more  than 
§1,000  and  the  same  cannot  be  divided  so  as  to  be  sold  in  separate  parcels 
without  injury  to  the  interests  of  the  parties.  And  in  our  opinion  the  value 
of  said  premises  is  the  sum  of  SI, 800. 
Witness  our  hands  this  May  3d,  1860. 

A.  B., 

M.  P.,  &c.,  Jurors. 


No.    V, 

NOTICE   OF    SHERIFF    TO    BE    GIVEN    TO   JUDGMENT    DEBTOR    INDORSED    ON   A   COPY 
OF   THE    FOREGOING. 

To  N.  W.,  Esq. : 

Take  notice  that  the  within  {or  the  foregoing)  is  a  copy  of  an  appraisal  this 
day  made  by  the  jurors  therein  named,  duly  summoned  and  qualified,  and 
that  unless  you  the  said  N.  W.  shall  pay  the  undersigned  Sheriff  of  the 
county  of  Albany  the  surplus  therein  named  over  and  above  §1,000  within 
Bixty  days  fi"om  the  date  thereof,  such  premises  will  be  sold  by  me,  by  virtue 
of  an  execution  issued  against  you  in  favor  of  one  L.  P. 

Yours,  &c., 
May  3d,  1860.  T.  V.,  Sheriff  of  Albany  County. 


HOMESTEAD  EXEMPTION.  301 


CER'nnCATE   OF   JURORS   WHERE    PROPERTY   MAT   RE   DIVIDED. 

(As  in  No.  6  to  the  *  then  as  follows:) 

And  that  the  said  premises  are  worth  more  than  $1,000  and  may  be  divided 
without  injury  to  the  interests  of  the  parties,  and  reserving  to  the  said  N.  W. 
a  homestead  by  us  valued  at  $1,000.  And  we  hereby  set  oflF  to  the  said  N. 
W.,  the  following  described  lot  of  land,  with  the  buildings  thereon  as  a  home- 
?tead,  which  is  by  us  valued  at  $1,000,  to  wit:  (here  insert  description.) 

A.  B., 

Dated  May  3d,  1860.  M.  P.,    &c.,  Jurors. 


CHAPTER  XXIY. 

INSURANCE, 

Insurance  is  a  contract,  wliereb}^,  in  consideration  of  the  sum 
paid,  one  party  undertakes  to  indemnify  the  other  against  damage 
or  loss  by  certain  perils.  The  principal  divisions  are,  Marine, 
Fire,  and  Life  Insurance. 

The  party  undertaking  to  make  the  indemnity  is  called  the 
Insurer  or  Underwriter;  the  party  to  be  indemnified.,  the 
Insured  or  Assured.  The  consideration  to  be  paid  is  called  the 
premium ;  the  instrument  by  which  the  insurance  is  made  ife  called 
the  Policy ;  the  causes  and  events  of  loss  insured  against.  Perils 
or  Risks ;  and  the  rights  or  property  of  the  assured,  in  respect 
to  which  he  is  liable  to  loss,  the  Subject,  or  Insurable  Inte- 
rest. 

The  indemnity  intended  means  the  repayment  of  the  expenses 
incurred,  and  the  pajmient  for  as  much  of  the  insurable  inte- 
rest as  is  lost,  at  its  market  value,  at  the  commencement  of  the 
risk,  or  its  value  as  specified  in  the  policy. 

It  is  necessary  that  the  insured  should  have  some  interest  in 
the  subject  mentioned  in  the  policy ;  otherwise  it  would  be  a 
mere  wager  policy,  which  are  not  allowed  to  be  considered  good, 
owing  to  the  temptation  which  such  transactions  would  hold  out 
to  the  commission  of  arson.  It  is  not  necessary  that  such  inte- 
rest should  amount  to  a  complete  ownership  ;  as  a  creditor  may 
have  a  policy  on  goods  of  his  debtor  upon  which  he  has  a  mort- 
gage. So  too,  a  trustee,  agent,  factor,  or  common  carrier,  may 
insure  goods  which  he  has  in  his  possession.  But  it  is  important 
that  the  nature  of  the  property  be  disclosed  at  the  time  of  obtain- 
ing the  insurance.     Where  the  title  to  the  property  is  in  dispute, 


INSURANCE.  303 

or  the  risk  is  a  marine  risk,  au  insurance  lox  wkom  it  may  con- 
cern will  protect  the  property. 

The  insured  is  bound  in  good  faith  to  disclose  to  the  insurer 
every  fact  material  to  the  risk,  and  which  is  within  or  should  be 
within  his  knowledge,  which  if  stated  would  have  any  influence 
upon  the  mind  of  the  insurer.  Where  there  is  a  sale  of  the  pro- 
perty during  the  running  of  the  policy,  there  should  be  an 
assignment  of  the  policy  with  the  consent  of  the  underwriters, 
because  when  the  insured  parts  with  his  property  he  has  no 
longer  an  insurable  interest  therein. 

Where  there  are  previous  or  subsequent  insurances  effected  on 
property,  notice  of  such  insurance  should  be  given  to  all  insu- 
rance companies,  or  underwriters,  who  have  taken  any  risk  on 
the  same  property. 

Persons  sustaining  loss  or  damage  by  fire  shall  forthwith  give 
notice  thereof,  in  writing,  to  the  company  or  underwriters,  and 
as  soon  as  possible  thereafter  they  shall  deliver  as  particular  an 
account  of  the  loss  and  damage  as  the  nature  of  the  case  will 
admit,  signed  with  their  own  hands  ;  and  they  shall  accompany 
the  same  with  their  oath  or  affirmation,  declaring  the  said  account 
to  be  true  and  just;  showing  also  the  ownership  of  the  property 
insured ;  what  other  insurance,  if  any,  existed  on  the  same  pro- 
perty, and  giving  a  copy  of  the  written  portion  of  the  policy  of 
each  company  or  underwriter ;  what  was  the  whole  cash  value 
of  the  subject  insured ;  in  what  manner  the  building  insured  or 
containing  the  subject  insured,  and  the  several  parts  thereof, 
were  occupied  at  the  time  of  the  loss ;  who  were  the  occupants 
of  such  building,  and  when  and  how  the  fire  originated,  so  far  as 
they  know  or  believe.  They  shall  also  produce  a  certificate, 
under  the  hand  and  seal  of  a  magistrate,  or  notary  public,  most 
contiguous  to  the  place  of  the  fire,  and  not  concerned  in  the  loss, 
as  a  creditor  or  otherwise,  nor  related  to  the  insured  or  sufferers, 
stating  that  he  has  made  diligent  inquiry  and  examination  into 
the  facts  set  forth  in  their  statement,  and  also  into  the  circum- 
stances attending  the  fire,  loss  or  damage  alleged ;  that  he  is 
acquainted  with  the  character  and  circumstances  of  the  claimant, 
and  that  he  verily  believes  that  such  claimant  has,  b}'  misfor- 
tune,  and  without  fraud  or  evil   practice,    sustained   loss   and 


304  THE  CLERK'S  ASSISTANT. 

damage  w  ihe  esubject  insured  to  the  amount  which  such  magis- 
trate or  notar;y  shall  certify. 

In  case  of  loss  or  damage,  it  is  optional  with  the  insurance 
company  or  underwriter  to  replace  the  articles  lost  or  damaged, 
with  others  of  the  same  kind  or  quality,  or  to  rebuild  or  repair 
the  building  or  buildings  or  lo  pay  the  cash  value  of  the  loss  or 
damage. 


FORMS. 


No.    1. 

APPLICATION    FOR   INSURANCE. 

I,  A.  B.,  ot  tne  town  of  Bethlehem,  county  of  Albany,  and  State  of  New 
York,  hereby  apply  to  the  Albany  Insurance  Company,  for  insurance  in  the 
above  company  for  the  term  of  one  year  from  this  date. 

The  amount  to  be  insured  is  $1,000  on  my  dwelhng  house,  occupied  by  my- 
self and  family  in  said  town.  Said  dwelling  house  is  built  of  wood,  two  stories 
high,  with  a  shingle  roof,  in  which  there  is  a  scuttle  with  stairs  leading  to  the 
same.  There  are  five  stoves  for  burning  wood  in  the  house,  each  standing  on 
good  wide  zinc,  and  the  pipe  of  the  stoves  is  in  good  order  and  in  no  place 
beiu?  nearer  than  thi'ee  feet  to  the  wood  work  of  the  house,  while  the  chim- 
neys", of  which  there  are  two,  are  built  on  the  ground.  The  ashes  are  kept  in 
a  brick  ash  pit  Avith  an  iron  door  about  forty  feet  from  the  house. 

There  are  no  other  buildings  on  the  north,  south  or  east  side  of  said  house 
and  a  woodhouse  standing  about  fifty  feet  from  the  west  side.  The  present 
cash  value  of  the  building  is  ^1,500,  and  no  insurance  has  been  effected 
thereon. 

May  16,  1860.  A-  ^^ 


No.    S. 

APPLICATION    WHERE    BLANK    IS    FURNISHED    BY    THE    COMPANY, 

For  the    Commeixial  Fire   Insurance    Company,   New   York 

No.  12,238. 

Application  of  A.  B,  of  Poughkeepsie,  in  the  county  of  Dutchess  and  State 
of  New  York,  for  cash  insurance  in  the  above  company,  for  the  term  of  one 
year  from  the  16th  day  of  ]\Iay,  1860,  on  his  dwelling  house  on  Genesee  street 
between  Hudson  and  Erie  streets  in  said  city. 

Amount  to  be  Insured,  ^2,500;  Rate, ;    Amount  paid,  !$ _. . 

1.  Building — Is  it  stone,  brick  or  wood  ?  Brick.  How  many  stories 
high  ?     Three  stories  with  a  basement. 

2.  Walls— Party  or  division,  are  they  brick  ?  Yes.  How  thick  ?  Eight 
inches.  Are  they  entire?  Yes.  Do  they  rise  above  the  roof?  They  do 
about  one  foot  in  front,  and  three  in  the  rear. 

3.  Roof— What  is  it  covered  with?  Tin.  Is  there  a  scuttle  and  stairs  to 
it?     There  is  a  scuttle  with  moveable  ladder,  no  stairs. 

4.  Gutters — Are  they  stone,  metal  or  wood?     Tin. 

5.  Stoves— If  used,  how  many,  and  what  kind?  Five  for  burning  coaL 
What  is  under  them  ?     Zinc. 

39 


306  THE  CLEKK'S  ASSISTANT. 

6.  Pipe — Is  it  in  good  order  ?  Yes.  How  near  does  it  come  to  the  wood  ? 
About  two  feet.  Does  it  enter  a  chimney?  Yes.  Is  the  chimney  built  from 
the  ground  ?     Yes. 

7.  Fuel — What  kind  is  used  ?     Coal. 

8.  Ashes — How  are  they  disposed  of?  Put  in  a  brick  vault  under  front 
door  steps. 

9.  For  what  purpose  is  the  building  used  ?  As  a  dwelling  house.  How 
many  tenants?     One. 

10.  Distance  of  other  building.^,  and  how  occupied?  North — Brick  dwell- 
ing house  adjoining.  South — A  street  sixty-six  feet  wide.  East — A  vacant 
lot  twenty-five  feet  wide.  West — Brick  outhouse  with  tin  rootj  standing  fifty 
feet  from  the  main  building. 

11.  What  is  the  present  cash  value  of  the  building  or  buildings  on  which  in- 
surance is  wanted  ?     ^3,000. 

12.  What  amount  is  there  now  insured  on  the  property ;  in  what  offices,  and 
m  whose  name  ?     None. 

13.  What  insurance  is  there  by  this  company  within  fifty  feet?  None  to 
the  knowledge  of  the  applicant. 

14.  Annex  a  diagram  of  the  premises. 

May  15,  1860.  .  A.  B.,  Applicant. 


No.    3. 

notice  of  loss  by  fire. 
To  the  officers  of  the  Salamander  Insurance  Company  : 

Gents — Take  notice  that  my  dwelling  house  situated  on  Erie  street  m 
Poughkeepsie,  insured  in  your  Company  by  Policy  No.  3,895,  was  burned 
early  this  morning.  The  origm  of  the  fire  is  unknown  to  me.  Full  proof  of 
the  loss  Avill  be  duly  forwarded  in  a  day  or  two. 

Yours,  &c., 
Poughkeepsie,  May  16,  1860.  A.  B. 


,  No.    4. 

PROOF   OF   LOSS. 

State  of  New  York,  County  of  Dutchess,  ss.  A.  B.,  of  the  city  of  Pough- 
keepsie, being  duly  sworn,  deposes  and  says,  that  he  was  the  sole  owner  of  the 
dwelling  house  on  Erie  street,  between  Albany  and  Genesee  street  in  said  city, 
insured  in  the  Salamander  Insurance  Company  of  the  city  of  New  York,  as 
specified  in  Policy  No.  3,895  of  said  company,  that  there  was  no  other  insu- 
rance on  said  building  at  the  time  of  the  fire  hereafter  mentioned,  to  the 
knowledge  or  belief  of  this  deponent;  that  said  building  was  wholly  consum- 
ed by  fire-on  the  morning  of  the  15th  of  May  inst.,  that  the  fire  was  discov- 
ered on  or  about  3  o'clock,  a.  m.  ;  that  the  cause  or  origin  of  the  fire  is  to  this 
deponent  unknown ;  that  the  cash  value  of  said  dwelling  house,  just  previous 
to  the  fire,  was  the  sum  of  ^2,000;  that  said  dwelling  was,  at  the  time  the  fire 
originated,  occupied  by  this  deponent  and  his  family,  and  no  one  else,  as  a 
dwelling  house. 

Sworn,  &c  A.  B. 


INSURANCE.  307 

InTo.    5. 

additional  proof  of  value. 

State  of  New  York,  County  of  Dutchess,  es.  B.  B.,  of  the  city  of  Pough- 
keepsie,  being  sworn,  says,  that  he  is  a  carpenter  and  master  builder  in  said 
city ;  tliat  he  knew  the  dwelling  house  of  A.  B.  of  said  city ;  that  he  has  had 
occasion  thorouglily  to  examine  said  house  within  one  year  last  past;  that 
the  cash  value  of  said  house,  on  the  14ih  of  May,  1860,  was  the  sum  of 
$2,000 ;  that  he  was  present  this  morning  at  the  fire  mentioned  in  the  affida- 
vit of  A.  B.,  to  which  this  affidavit  is  annexed,  and  this  deponent  is  of  opinion 
that  said  house  cannot  be  replaced  for  the  sum  of  $2,200. 

B.  B. 

Sworn,  &c 


No.    6. 

CERTIFICATE  OF  NOTARY  PUBLIC  OR  JUSTICE  OF  THE  PEACE. 

Sta.te  of  New  York,  City  of  Poitghkeepsie,  ss.  I,  Gr.  H.,  a  Notary  Public  (or 
Justice  of  the  Peace),  residing  in  said  city,  do  hereby  certify  that  I  have  read 
the  foregoing  affidavits,  that  I  am  in  no  way  concerned  in  the  loss  therein 
mentioned,  either  as  owner  or  creditor,  or  otherwise,  nor  related  to  the 
insured  or  sufferers.  I  have  made  diligent  inquiry  and  examination  into  the 
facts  set  forth  in  the  foregoing  affidavits,  and  also  into  the  circumstances  at- 
tending the  fire  and  loss,  or  damage  therein  alleged ;  that  I  am  acquainted 
with  the  character  and  circumstances  of  the  claimant,  and  I  verily  believe 
that  such  claimant  has,  by  misfortune,  and  Avithout  fraud  or  evil  practice,  sus- 
tained loss  and  damage  to  the  property  insured,  to  the  amount  of  at  least  $2,000. 

G.  H.,         [l.  s.] 
Notary  Public. 


No.  7. 

PROOF   OF   LOSS   WHERE   PROPERTY  IS   FOR  SALE  ON  COMMISSION,  OR  IN   STORE. 

State  of  New  York,  City  and  County  of  Albany,  ss.  E.  A.,  of  the  city  of 
Albany,  being  duly  sworn,  says,  he  is  one  of  the  firm  of  E.  A.  Sz  Co.  of  said 
city ;  that  the  following  is  a  true  and  just  inventory  of  property  insured  by 
the  Howard  Insurance  Company  of  New  York,  by  policy  No.  1,656,  at 
Albany ;  that  no  other  insurances  have  been  made  on  said  property  to  the 
knowledge  or  belief  of  deponent;  that  the  whole  cash  value  of  the  subject 
insured  is  as  hereinafter  stated,  and  owned  as  hereinafter  stated,  and  not 
otherwise ;  that  the  building  insured  contained  the  property  destroyed  by  fire, 
as  herein  mentioned,  including  ordinary  store  fixtures  and  store  furniture, 
which  was  also  destroyed,  and  nothing  else  of  consequence  was  in  said  store ; 
that  the  ownership  of  said  insured  property  was  as  hereinafter  stated,  and  not 
oiherwise  or  difierent,  to  the  knowledge  of  deponent.  There  was  a  whole 
and  total  loss  of  the  building  and  its  contents,  except  books  of  account  and 
papers,  and  one  iron  safe  and  one  desk,  although  the  insured  used  their  best 
endeavors  for  saving  and  preserving  said  property. 

Said  fire  originated  between  12  and  1  o'clock,  p.  m.,  on  the  17th  day  of  May, 
1860,  in  a  store  about  ten  doors  south  of  this  deponent,  but  how  or  in  what 


308  THE  CLERK'S  ASSISTANT. 

manner  is  to  this  deponent  unknown;  spreading  northward  with  great 
rapidity,  destroying  the  said  insured  property  and  every  building  on  that  side 
of  tlie  square  or  block. 

The  following  is  a  statement  of  said  property  consumed  as  aforesaid  by  fire, 
at  No.  120  Albany  street,  in  said  city : 

Account  of  B.  D.  on  commission,  100  bbls.,  at  $5, , , . . .   $    500 

Account  of  C.  E.  on  commission,  200  bbls.,  at  $5.50, 1,100 

Account  of  F.  G.  in  store,  50  bbls.*  at  $6, 300 

Account  of  H.  K.  in  store,  150  bbls.,  at  $5, 750 

Total  value, $2,650 


CHAPTEE  XXY. 

justices'  couets. 

Every  Justice  of  the  Peace  elected  in  an}^  town  of  tliis  State,  or 
appointed  for  any  city  in  which  special  courts  are  not  established 
by  law,  is  authorized  to  hold  a  court  for  the  trial  of  all  actions 
in  cases  hereinafter  enumerated,  and  to  hear,  try  and  determine 
the  same  according  to  law  and  equity.  But  if  after  the  election 
of  any  person'  as  a  Justice  of  the  Peace,  he  shall  become  an 
inn-holder  or  tavern  keeper  m  fact,  he  shall  not  have  power  or 
jurisdiction  to  try  civil  causes ;  but  he  may  issue  execution  upon 
judgments  actually  rendered  by  him  before  he  became  so  dis- 
qualified. 

Place  of  trial  Every  such  action  shall  be  brought  before 
some  Justice  of  the  town  wherein  either : 

1.  The  plaintiffs,  or  any  one  of  them,  reside;  or 

2.  Where  the  defendants,  or  any  one  of  them,  reside;  or 

3.  Before  some  Justice  of  another  town  in  the  same  county, 
next  adjoining  the  residence  of  the  plaintiff  or  defendant.  But 
if  a  defendant  has  absconded  from  his  residence,  such  action  may 
be  brought  before  a  Justice  of  the  town  in  which  such  defendant 
or  his  property  may  be. 

Jurisdiction.  Justices  of  the  Peace  shall  have  civil  jurisdiction 
in  the  following  actions  and  no  other : 

1.  An  action  arising  on  contract  for  the  recovery  of  money 
only,  if  the  sum  claimed  do  not  exceed  two  hundred  dollars. 

2.  An  action  for  damages  for  injury  to  rights  pertaining  to  the 
person,  or  to  personal  or  real  property,  if  the  damages  claimed  do 
not  exceed  two  hundred  dollars. 

3.  An  action  for  a  penalty  not  exceeding  two  hundred  dol- 
lars. 


310  THE  CLEEK'S  ASSISTANT. 

4.  An  action  commenced  by  attachment  of  property,  as  now 
provided  by  statute,  if  the  debt  or  damages  claimed  do  not  exceed 
two  hundred  doHars. 

5.  An  action  upon  a  bond  conditioned  for  the  payment  of 
money,  not  exceeding  two  hundred  dollars,  though  the  penalty 
exceed  that  sum,  the  judgment  to  be  given  for  the  sum  actually 
due.  Where  the  payments  are  to  be  made  by  installments,  an 
action  may  be  brought  for  each  installment  as  it  shall  become 
due. 

6.  An  action  upon  a  surety  bond  taken  by  them,  though  the 
penalty  or  amount  claimed  exceed  two  hundred  dollars. 

7.  An  action  on  a  judgment  rendered  in  a  court  of  a  Justice 
of  the  Peace,  or  by  a  Justice,  or  other  inferior  Court  in  a  city 
where  such  action  is  not  prohibited. 

8.  To  take  and  enter  judgment  on  the  confession  of  a  defend- 
ant, where  the  amount  confessed  shall  not  exceed  five  hundred 
dollars. 

9.  An  action  for  damages  for  fraud  in  the  sale,  purchase,  or 
exchange  of  personal  property,  if  the  damages  claimed  do  not 
exceed  two  hundred  dollars. 

10.  An  action  to  recover  the  possession  of  personal  property 
claimed,  the  value  of  which  as  stated  in  the  affidavit  of  the  plaintiff, 
,  his  agent  or  attorney,  shall  not  exceed  the  sum  of  one  hundred 
dollars. 

Suits,  hotv  commenced.  Suits  may  be  instituted  before  a  Justice 
either  by  the  voluntary  appearance  and  agreement  of  the  parties 
or  by  jirocess ;  when  by  process  it  shall  be  either  a  summons,  a 
warrant  or  an  attachment. 

When  commenced.  Suits  shall  be  considered  as  commenced 
upon  process  by  warrant,  at  the  time  of  the  arrest  of  defendant ; 
upon  process  by  attachment  or  summons,  on  the  day  when  the 
process  shall  be  delivered  to  the  Constable ;  but  when  the  suit  is 
instituted  without  process,  at  the  time  of  the  parties  joining  issue. 

There  are  two  kinds  of  summons,  a  long  and  a  short  sum- 
mons. 

A  long  summons  must  always  be  issued  when  all  the  parties 
reside  in  the  same  county,  in  cases  where  a  warrant  is  not  issued. 
It  is  directed  to  any  Constable  of  the  county  where  the  Justice 
resides  commanding  him  to  summon  the  defendant  to  appear  at 


JUSTICES'  COURTS.  .311 

a  time  and  place  therein  mentioned,  not  less  than  six  nor  more 
than  t-^elve  daj's  from  the  date  of  the  same,  and  must  be  served 
at  least  six  days  before  the  time  of  appearance  mentioned 
tlierein, 

A  short  summons  may  issue  whenever  the  plaintiff  is  a  non- 
resident of  the  county,  and  must  issue  in  actions  upon  contract 
whenever  the  defendant  is  a  non-resident  of  the  county,  and  it  is 
made  returnable  not  less  than  two  nor  more  than  four  days  from 
the  date  thereof,  and  must  be  served  at  least  two  days  before  the 
time  of  appearance  mentioned  therein. 

A  Justice  shall,  upon  application,  issue  a  warrant  in  the  fol- 
lowing cases : 

1.  Where  the  defendant  is  a  non-resident  of  the  county. 

2.  Where  the  plaintiff  is  a  non-resident,  and  tenders  to  the 
Justice  security  for  the  payment  of  any  sum  which  may  be 
adjudged  against  him  in  the  suit. 

3.  When  it  shall  appear  to  the  satisfection  of  the  Justice,  by 
the  affidavit  of  the  applicant,  or  of  any  other  witness,  that  the 
person  against  whom  such  warrant  is  desired  is  about  to  depart 
from  the  county,  with  intent  not  to  return  thereto. 

4.  Where  the  defendant  is  an  inhabitant  of  the  county,  hav- 
ing a  family,  or  a  freeholder  of  the  same  county,  and  it  shall  in 
like  manner  appear  to  the  satisfliction  of  the  Justice  that  the 
plaintiff  will  be  in  danger  of  losing  his  debt  or  demand,  unless 
such  warrant  be  granted. 

The  warrant  is  to  be  directed  to  any  Constable  of  the  county 
where  the  Justice  issuing  the  same  resides,  and  shall  command 
such  Constable  to  take  the  defendant,  and  bring  him  before  such 
Justice,  to  answer  the  plaintiff. 

The  Constable  is  to  arrest  the  defendant  and  bring  him  before 
the  Justice,  giving  the  plaintiff  notice  of  the  arrest.  I'ne  defend- 
ant cannot  be  detained  longer  than  twelve  hours  from  the  time 
he  shall  be  brought  before  the  Justice,  unless  within  that  time 
the  trial  of  the  cause  shall  be  commenced,  or  unless  it  shall  be 
delayed  at  the  instance  of  the  defendant. 

An  attachment  against  the  property  of  any  debtor  may  be 
issued,  whenever  it  shall  satisfactorily  appear  to  the  Justice  that 
such  debtor  has  departed,  or  is  about  to  depart,  from  the  county 
where  he  last  resided,  with  intent  to  defraud  his  creditors  or  to 


312  THE  CLERK'S  ASSISTANT. 

* 

avoid  the  service  of  any  civil  process,  or  that  sucli  debtor  keeps 
himself  concealed  with  the  like  intent.  The  application  for  such 
attachment  must  be  in  writing,  and  the  necessary  facts  for  the 
issue  thereof  must  be  shown  by  affidavit,  and  must  be  accompa- 
nied by  a  bond  with  sufficient  surety,  to  be  approved  by  such 
Justice,  in  writing,  upon  such  bond,  in  the  penalty  of  two  hun- 
dred dollars,  conditioned  to  pay  such  defendant  all  damages  and 
costs  which  he  may  sustain  by  reason  of  the  issuing  of  such 
attachment,  if  such  plaintiff  fail  to  recover  judgment  thereon ; 
and  if  such  judgment  be  recovered,  that  such  plaintiff  will  pay 
the  defendant  all  moneys  which  shall  be  received  by  him  from 
any  property  levied  upon  by  such  attachment,  over  and  above 
the  amount  of  such  judgment,  and  interest  and  costs  thereon. 

The  Constable  shall  execute  the  attachment  at  least  six  days 
before  the  return  day,  and  take  into  his  custody  goods  and  chat- 
tels of  the  defendant  sufficient  to  satisfy  the  demands  of  the 
plaintiff. 

The  goods  so  attached  shall  not  be  removed,  provided  a  bond, 
with  sufficient  surety,  to  be  approved  by  the  Constable,  be  given, 
in  a  penalty  double  the  sum  stated  in  the  attachment  to  have 
been  sworn  to  by  the  plaintiff,  conditioned  that  such  goods  and 
chattels  shall  be  produced  to  satisfy  any  execution  that  may  be 
issued  upon  any  judgment  which  shall  be  obtained  by  the  plain 
tiff  upon  such  attachment,  within  six  months  after  the  date  of 
such  bond.  If  a  third  person  shall  claim  such  goods,  the  goods 
are  not  to  be  removed,  provided  he  furnish  a  like  bond  to  the 
Constable,  conditioned  that  in  a  suit  to  be  brought  on  such  bond' 
within  three  months  from  the  date,  such  claimant  will  establish 
that  he  was  the  owner  of  the  goods  seized  at  the  time  of  such 
seizure,  and  in  case  of  f\xilure  to  do  so,  that  he  will  pay  the  value 
of  the  goods,  with  interest. 

Any  plaintiff  or  defendant,  except  persons  under  twenty-one 
years  of  age,  may  appear  and  conduct  his  suit  either  in  person  or 
by  attorney.  Infants,  whether  plaintiffs  or  defendants,  must 
appear  by  guardian.  The  guardian  of  an  infant  plaintiff  is  lia- 
ble for  the  costs,  while  the  guardian  of  an  infant  defendant  is  not 
liable  for  costs. 

At  the  time  of  the  first  appearance  of  the  parties  before  the 
Justice,  either  upon  the  return  of  process,  or  their  voluntary 


JUSTICES'  COURTS.  313 

appearance  to  join  issue,  the  pleadings  of  the  parties  shall  be 
made  and  issue  joined. 

The  pleadings  are,  the  complaint  by  the  plaintiff,  the  answer  by 
the  defendant,  and  a  demurrer  by  either  party  to  the  pleading  of 
his  adversary,  or  to  auy  part  of  such  pleading,  when  it  is  not 
sufficiently  explicit  to  enable  him  to  understand  it,  or  it  contains 
no  cause  of  action  or  defense,  although  it  be  taken  as  true. 

The  pleadings  are  not  required  to  be  in  any  particular  form, 
but  must  be  such  as  to  .  enable  a  person  of  common  understand- 
ing to  know  what  is  intended.  They  may  be  oral  or  in  writing ; 
if  oral,  the  substance  of  them  shall  be  entered  by  the  Justice  in 
his  docket ;  if  in  writing,  they  shall  be  filed  by  him,  and  a  refe- 
rence to  them  shall  be  made  in  the  docket.  The  complaint  shall 
state,  in  a  plain  and  direct  manner,  the  facts  constituting  the 
cause  of  action.  The  answer  may  contain  a  denial  of  the  com- 
plaint, or  of  any  part  thereof,  and  also  notice  in  a  plain  and 
direct  manner  of  any  facts  constituting  a  defense. 

The  pleadings  may  be  amended  at  any  time  before  the  trial,  or 
during  the  trial,  or  upon  appeal,  when  by  such  amendment  sub- 
stantial justice  will  be  promoted. 

A  defendant  may  set  off  demands  which  he  has  in  the  follow- 
ing cases,  and  under  the  following  circumstances :  It  must  be  a 
demand  arising  upon  judgment  or  upon  contract,  and  if  it  be 
upon  a  bond  or  other  contract  having  a  penalty,  the  sum  equita- 
bly due  thereon  shall  be  set  off;  it  must  be  due  to  him  in  his 
own  right,  and  must  be  for  real  estate  or  personal  property  sold, 
or  for  money  paid  or  services  done ;  or  if  it  be  not  such  a  demand, 
the  amount  must  be  liquidated,  or  be  capable  of  being  ascertained 
by  calculation ;  it  must  have  existed  at  the  time  of  the  com 
mencement  of  the  suit,  and  must  then  have  belonged  to  the  de- 
fendant; it  can  be  allowed  only  in  actions  founded  upon  demands 
which  could  themselves  be  the  subject  of  set-off;  if  there  be 
several  defendants,  the  demands  set  off  must  be  due  to  all  of 
them  jointly,  and  it  must  be  a  demand  against  the  plaintiff  in 
the  action. 

If  the  action  is  brought  by  a  plaintiff  in  a  representative  capa- 
city, then  a  like  demand  against  the  person  or  party  whom  he 
represents  may  be  set  off. 

40 


314  THE  CLERK'S  ASSISTANT. 

If  the  amount  of  the  set-ofF,  duly  established,  be  equal  to  the 
plaintiflf's  debt,  judgment  shall  be  entered  for  the  defendant, 
with  costs;  if  it  be  less  than  the  plaintiff,  he  shall  have  judg- 
ment for  the  remainder,  wi|h  costs ;  if  it  be  more  than  the  plain- 
tiff's debt,  then  the  defendant  shall  have  judgment  for  such 
excess,  with  costs,  unless  the  balance  found  due  the  defendant 
shall  exceed  one  hundred  dollars ;  in  the  latter  case  the  court 
shall  set  off  so  much  of  the  defendant's  claim  as  will  satisfy  the 
plaintiff's  demand,  or  shall  enter  a  judgment  of  discontinuance 
for  the  defendant,  with  costs,  as  the  defendant  may  require. 

If  a  defendant  neglect  to  plead  or  give  notice  of  any  set  off  he" 
may  have  as  above  stated,  he  shall  be  forever  thereafter  precluded 
from  maintaining  any  action  to  recover  the  same  or  any  part 
thereof. 

Adjournments.  At  the  time  of  the  return  of  either  a  summons 
or  attachment,  or  of  joining  issue  without  process,  and  at  no  other 
time,  a  Justice  may,  in  his  discretion,  and  with  or  without  the 
consent  of  parties,  adjourn  the  cause  not  exceeding  eight  daj^s. 

At  the  time  of  the  return  of  a  summons,  or  attachment  or  the 
joining  of  issue  without  process  (and  at  no  other  time  except  on 
the  issuing  of  a  commission  to  take  testimony)  the  plaintiff  will 
be  entitled  to  an  adjournment,  not  exceeding  eight  days  there- 
after, if  he  or  his  Attorney  shall,  if  required  by  the  defendant, 
make  oath  that  he  cannot  safely  proceed  to  trial,  for  want  of 
some  material  testimony  or  witness. 

In  all  cases  (other  than  where  the  suit  shall  have  been  com 
menced  by  warrant  at  the  suit  of  a  non-resident  plaintiff)  the 
cause  shall  be  adjourned  on  the  application  of  the  defendant  on 
his  complying  with  the  following  requisitions : 

1.  The  application  must  be  made  at  the  time  of  joining  issue. 

2.  If  required  by  the  plaintiff  or  the  Justice,  the  defendant 
shall  make  oath  that  he  cannot  safely  proceed  to  trial,  for  the 
want  of  some  material  testimony  or  witness,  to  be  specified  by  him. 

3.  If  required  by  the  plaintiff,  he  shall  give  security  by  bond 
in  the  penalty  of  one  Imndred  dollars,  with  such  security  as  the 
Justice  shall  approve. 

Such  adjournment  shall  be  for  such  reasonable  time  as  will 
enable  the  defendant  to  procure  such  testimony  or  witness,  not 
exceeding  ninety  days. 


JUSTICES'  COURTS.  -315 

Any  Justice  of  tlie  Peace  may  issue  subi^oenas  to  compel  the 
attendance  of  witnesses  to  give  evidence  on  anj^  trial  depending 
before  him,  or  any  other  Justice.  A  subpoena  may  be  served  by 
any  person  by  reading  the  same  or  stating  the  contents  to  the  wit- 
ness, and  by  paying  or  tendering  the  fees  allowed  by  law  for  one 
day's  attendance  of  such  witness.  If  a  witness  properlj^  subpoena- 
ed refuse  or  neglect  to  appear,  the  Justice  may  issue  an  attachment 
and  cause  his  arrest,  and  that  he  be  brought  before  him,  and  un- 
less he  give  satisfictory  excuse  for  not  appearing,  the  Justice 
may  impose  a  fine  upon  him  for  such  non-appearance. 

After  issue  joined,  and  before  the  trial  shall  have  been  com- 
menced by  the  Justice,  either  party  may  demand  a  trial  by  jury ; 
and  when  so  demanded,  the  Justice  shall  issue  a  venire  directed 
to  any  constable  of  the  county  requiring  him  to  summon  twelve 
good  and  lawful  men,  in  the  town  where  such  Justice  resides, 
qualified  to  serve  as  jurors  in  Courts  of  Eecord,  to  make  a  jury 
for  the  trial  of  the  action  between  the  parties  named  in  the  venire. 

The  parties  ma}^  agree  upon  a  less  number  than  six  for  a  jury 
and  the  Justice  shall  direct  the  summoning  of  double  the  num- 
ber agreed  upon  for  a  jury.  At  a  trial  of  the  cause,  the  number 
of  persons  required  to  form  a  jurj^  are  to  be  drawn  from  the 
number  so  summoned  and  returned  who  appear,  and  when  so 
drawn  and  approved  shall  compose  the  jury  to  try  the  cause. 
They  are  to  be  sworn  well  and  truly  to  try  the  matter  in  differ- 
ence between  the  plaintiff  and  defendant,  and  unless  discharged 
by  the  Justice,  a  true  verdict  to  give,  according  to  evidence. 
The  jury  are  to  sit  together  and  hear  the  proofs  and  allegations 
of  the  parties,  which  shall  be  delivered  publicly,  in  their  presence. 
After  hearing  the  proofs  and  allegations,  the  jury  are  to  be  kept 
together  under  the  charge  of  a  constable,  until  they  all  agree 
upon  their  verdict,  and  when  they  have  agreed  upon  their  ver- 
dict, they  shall  deliver  the  same  to  the  Justice  publicly,  who  shall 
enter  it  in  his  docket,  and  it  must  be  entered  in  the  docket  at  the 
same  time  it  is  received.  Previous  to  receiving  it,  the  Justice 
shall  call  the  plaintiff.  If  he  be  absent  and  no  one  appear  for 
him,  the  verdict  shall  not  be  received.  If  a  jury  cannot  agree 
on  their  verdict  after  having  been  out  a  reasonable  time,  he  may 
discharge  them  and  summon  a  new  jury. 


316  THE  CLERK'S  ASSISTANT. 

TThen  a  case  is  tried  by  a  Justice  without  a  jury,  lie  must  ren- 
der his  judgment  within  four  days  after  the  triah 

A  Justice  of  the  Peace  may  enter  a  judgment  by  confession  ol 
the  defendant,  in  any  case  where  the  debt  or  damages  confessed 
shall  not  exceed  five  hundred  dollars,  when  the  following  requi- 
sites must  be  complied  with : 

1.  The  defendant  must  personally  appear  before  the  Justice. 

2.  The  confession  shall  be  in  writing,  signed  by  the  defendant, 
and  filed  with  the  Justice. 

3.  If  the  judgment  be  confessed  for  a  sum  exceeding  fifty  dol- 
lars, the  confession  shall  be  accompanied  by  the  affidavit  of  the 
defendant  and  plaintiff"  stating  that  such  defendant  is  honestly 
and  justly  indebted  to  the  plaintiff  in  the  sum  named  in  such 
affidavit,  over  and  above  all  just  demands  which  he  has  against 
him,  and  that  such  confession  is  not  made  or  taken  with  a  view 
to  defraud  any  creditor. 

The  party  prevailing,  and  who  obtains  judgment,  is  entitled  to 
execution,  which  may  be  issued  by  the  Justice  at  any  time  within 
five  years  from  rendering  the  judgment.  An  execution  may  be 
renewed  by  the  Justice  issuing  the  same  while  unsatisfied, 
although  a  levy  has  been  made,  and  is  renewed  b}^  an  indorse- 
ment thereon,  specifying  the  amount  due,  if  anything  has  been 
paid  or  collected  thereon,  and  the  date  of  the  renewal ;  the  indorse- 
ment must  be  signed  hy  the  Justice, 

Where  the  execution  is  against  the  person,  the  Constable  must 
trdce  the  body  of  the  person  against  whom  the  execution  issued 
and  convey  him  to  the  common  jail  of  the  county,  where  he  is  to 
be  detained  in  safe  custodj',  until  the  debt  or  damages  be  paid, 
or  he  be  discharged  by  due  course  of  law. 

A  Justice  of  the  Peace,  on  the  demand  of  a  party  in  whose 
favor  he  shall  have  rendered  a  judgment,  shall  give  a  transcript 
thereof,  which  may  be  filled  and  docketed  in  the  office  of  the 
Clerk  of  the  county  where  the  judgment  was  rendered,  and  a 
transcript  therefrom  may  be  docketed  in  any  other  county  in  the 
State.  After  the  judgment  has  been  docketed  in  the  County 
Clerk's  office,  the  execution  shall  be  issued  by  the  County 
Clerk. 

A  commission  may  be  issued  to  take  the  testimony  of  a  wit- 
ness, whenever  it  shall  appear,  afi:er  issue  joined  in  the  action, 


JUSTICES'  COURTS.  317 

that  one  or  more  material  witnesses  live  out  of  the  county  and 
beyond  the  jurisdiction  of  the  Justice.  And  the  trial  of 
the  cause  is  to  be  postponed  until  the  return  of  the  commission, 
provided  such  postponement  is  not   extended  beyond   ninety 

days. 

In  criminal  matters,  the  jurisdiction  of  the  Justice  is  confined 
to  the  county  in  which  he  is  chosen.  He  may  receive  complaints 
and  issue  warrants  to  apprehend  offenders,  where  the  offense  was 
committed  within  his  county,  although  the  criminal  may  have 
escaped  into  another  county. 

By  virtue  of  his  authority  as  a  conservator  of  the  public 
peace,  a  Justice  may  apprehend,  or  cause  to  be  apprehended,  any 
person  committing  a  felony  or  breach  of  the  peace  in  his  pre- 
sence. It  is  his  duty,  when  persons  are  brought  before  him  on 
arrest  on  a  criminal  warrant,  to  examine  in  regard  to  the  alleged 
offense,  and  then  to  discharge  the  person  charged,  or  commit  him 
to  the  jail  to  await  the  action  of  the  Grand  Jury,  or  to  hold  him 
to  bail,  as  the  nature  of  the  case  may  require. 

Courts  of  Special  Sessions  shall  be  held  by  a  single  magis- 
trate, authorized  to  sit  as  a  member  of  a  Court  of  Special  Ses- 
sions, and  all  offenses  triable  before  such  courts  may  be  tried 
before  such  single  magistrate,  with  or  without  a  jury,  at  the  elec- 
tion of  the  prisoner. 

In  most  of  the  cities  of  this  State,  Courts  of  Special  Sessions 
and  Justices'  Courts  are  established  by  special  laws,  but  their 
jurisdiction  and  powers  are  nearly  the  same  as  those  of  the  Courts 
of  Special  Sessions,  and  Courts  of  Justices  of  the  Peace,  estab 
lished  by  the  general  statute. 

Justices'  Courts  are  not  Courts  of  Record,  and  judgments  ren- 
dered by  them  are  barred,  by  the  statute  of  limitations,  in  six 
■years,  unless  docketed  in  the  office  of  the  County  Clerk;  and 
when  so  docketed  they  become  a  lien  on  real  estate  if  for  a  sum 
amounting  to  twenty-five  dollars,  exclusive  of  costs,  and  for  tho 
same  period  as  if  obtained  in  a  Court  of  Record. 


FORMS. 


IS"o.    1. 


Town  of  Bern,  Albany  County,  ss.  To  any  Constable  of  said  county, 
Greeting:  Tlie  People  of  the  State  of  New  York  command  you  to  summon 
A.  B.  to  appear  before  me,  the  undersigned,  one  of  the  Justices  of  the  Peace 
of  the  town  aforesaid,  at  my  office,  in  the  said  town,  on  the  31st  (or  27th) 
day  of  May,  1860,  at  10  o'clock  in  the  forenoon,  to  answer  C.  D.  in  a  civil 
action,  to  his  damage  §200  or  under.     And  have  you  then  there  this  precept. 

Witness  my  hand  the  24th  day  of  May,  1860. 

E.  F.,  Justice  of  the  Feme. 


ISO.    3. 

PROOF    OF    SERVICE    OF    SUMMONS    INDORSED    THEREON. 

I  hereby,  certify  that  at  Bern  in  Albany  county,  I  served  the  within  sum- 
mons on  the  within  named  C.  D.,  defendant,  on  the  24th  day  of  May,  1860. 

G.  H.,   Constahle. 


ISO.    3. 

AFFIDAVIT   TO    OBTAIN    A   SHORT    SUMMONS. 

Albany  County,  ss.  I.  J.,  of  the  town  of  Bern,  being  sworn  says,  that  he 
has,  as  he  verily  beheves  (or  that  A  B.  has  as  he  verily  believes),  a  good  cause 
of  action  arising  on  contract  against  C.  D.  of  Bern  in  said  county,  and  that 
this  deponent  {or  the  said  A.  B.)  is  not  a  resident  of  the  said  county  of  Al- 

^"°^-  I  J. 

Sworn  before  me  this  ) 
May  24th,  1860,       ( 

E.  F.,  Justice  of  the  Peace. 


IS"©.    4. 

FORM    OF    SECURITY    ON    SHORT    SUMMONS. 

A.  B.,  having  made  application  to  G.  H.,  one  of  the  Justices  of  the  Peace 
of  the  town  of  Bern  in  the  county  of  Albany,  for  a  short  summons  m  his 
fas  or,   he  being  a  non-resident   of  said  county,  against  CD.,   in  an  action 


JUSTICES'  COURTS.  319 

arisiug  oa  contract.  Now,  therefore,  in  consideration  of  $1  to  me  paid,  I  do 
hereby  consent  to  become  surety  for  SJic  said  A.  B.,  and  engage  that  the  said 
A.  B.  shall  pay  the  said  C.  D.  any  sum  that  shall  be  adjudged  against  him  the 
said  A.  B.,  in  the  action  commenced  or  to  be  commenced  by  the  said  sum- 

L.  M. 

JXo.    5. 

WARRANT,    CIVIL. 

Albany  County,  Town  of  Bern,  ss.  To  any  Constable  of  the  said  county : 
These  are,  in  the  name  of  the  People  of  the  State  of  New  York,  to  command 
you  forthwith  to  take  C.  D.,  and  personally  to  bring  him  before  me,  at  my 
office  in  said  town,  to  answer  A.  B.,  in  a  civil  action,  for  moneys  collected  by 
saiid  C.  D.  as  a  public  officer,  to  his  said  A.  B.'s  damage  $200  or  under;  and 
do  you  notify  the  plaintiff  of  his  arrest,  and  make  due  return  hereupon,  as  by 
law  required. 

Dated  at  said  town,  this  24th  day  of  May,  1860. 

E.  F.,  Justice  of  the  Peace. 


Wo.    6. 

WARRANT,    CIVIL ANOTHER   FORM. 

Albany  County,  ss.  The  People  of  the  State  of  New  York  to  any  Con- 
stable of  said  county.  Greeting  :  Whereas,  A.  B.,  of  the  town  of  Bern  has  this 
day  made  complaint  on  oath  before  me,  E.  F.,  a  Justice  of  the  Peace  of  said 
county,  that  C.  D.  has  wantonly,  wickedly  and  maliciously  broken  down  the 
fences  of  the  said  A.  B.,  on  his  farm  in  said  town  of  Bern,  in  said  county. 
We,  therefore,  command  you  to  take  the  said  C.  D.  and  forthwith  bring  him 
before  me,  E.  F.,  a  Justice  of  the  Peace,  to  be  dealt  with  according  to  law, 
and  after  you  have  arrested  the  said  C.  D.,  do  you  notify  the  plaintifl'  thereoC 
Hereof,  fail  not  at  your  peril. 

Witness  my  hand  this  May  24th,  1860. 

E.  F.,  Justice  of  the  Peace. 


ISO.   -y. 

RETURN    OF    CONSTABLE    ON    EXECUTION    OF   WARRANT. 

By  virtue  of  the  within  warrant,  I  have  taken  in  the  town  of  Bern  in  the 
county  of  Albany,  and  have  in  my  custody  the  within  named  C.  D.,  and  I 
have  notified  the  plaintiff  of  his  arrest. 

C.  K.,   Comtable. 

May  24th,  1860.  


AFFIDAVIT    TO    OBTAIN    WARRANT    FOR    NOT    PAYING    OVER   MONEYS    COLLECTE'J. 

Albany  County,  ss.  A.  B.,  of  the  county  of  Albany,  being  sworn,  says 
l):at  C.  K.,  against  whom  he  makes  application  for  a  warrant,  in  pursuance  of 
the  statute  in  such  case  made  and  provided,  and  against  whom  he  has,  as  he 
verily  believes,  a  just  cause  of  action,  is  not  a  resident  of  the  county  of  Al- 
bany, but  is  a  resident  of  the  county  of  Schoharie.  And  deponent  further 
says,  that  the  said  cause  of  action  is  for  moneys  collected  by  the  said  C.  D., 
in  his  official  character  as  Constable. 

A.  B. 

Sworn,  &c. 


320  THE  CLERK'S  ASSISTANT. 


AFFIDAVIT    BY    NON-RESIDENT    PLAINTIFF    FOR   A   WARRANT    FOR   TRESPASS    TO 
PERSONAL    PROPERTY. 

Albany  County,  ss.  A.  B.,  of  the  town  of  Columbus,  in  Chenango  county, 
being  sworn,  says,  that  he  has,  as  he  beheves,  a  good  cause  of  action  against 
C.  D.,  of  Bern  aforesaid,  for  taking  and  converting  to  his  own  use  the  per- 
sonal property  of  this  deponent,  as  follows:  (Here  insert  the  articles  taken.) 
And  this  deponent  also  says,  that  he  is  not  a  resident  of  the  county  of  Albany, 
and  is  willing  and  ready  (to  deposit  a  sufficient  sum  with  the  Justice  o?")  to 
give  security  for  the  payment  of  any  sum  that  may  be  adjudged  against  him 
iu  the  suit  to  be  commenced,  in  pursuance  of  this  application  {or  in  this  suit). 

A.  B. 

Sworn,  &c. 


I^o.    lO. 

AFFIDAVIT    FOR   A    WARRANT    FOR   TRESPASS   TO    PERSONAL    PROPERTY,    AND    DE- 
FENDANT   ABOUT    TO    LEAVE    THE    COUNTT. 

Albany  County,  ss.  A.  B.,  being  duly  sworn,  says  he  has,  as  he  believes,  a 
good  cause  of  action  against  C.  D.,  for  taking  and  converting  to  his  own  use 
the  personal  property  of  this  deponent,  as  follows :  (insert  a  hst  of  articles, 
and  how  and  when  taken. )  And  deponent  believes  he  is  in  danger  of  losing 
his  demand  against  the  sAid  C.  D.,  unless  a  Avarrant  is  issued  agains.t  said  C. 
D. ;  and  that  such  belief  is  founded  upon  the  following  facts  and  circumstances : 
(set  forth  the  ground  of  danger),  or  deponent  further  says,  that  he  believes 
said  C.  D.  is  about  to  depart  this  county,  with  the  intention  of  not  returning 
thereto,  and  that  his  belief  is  founded  upon  the  following  facts  and  circum- 
stances :  (Set  forth  the  facts  on  which  such  belief  is  founded,  as,  that  he  has 
commenced  to  move  part  of  his  goods,  or  told  different  persons  that  he  was 
preparing  to  move  to  another  county.) 

A.B. 

Sworn,  &c. 


SECURITY   ON   ISSUING   A   WARRANT. 

A.  B.,  having  made  {or  being  about  to  make)  application  to  G.  H.,  one  of 
the  Justices  of  the  Peace  of  the  county  of  Albany,  for  a  warrant  in  his  favor 
against  C.  D.,  in  an  action  for  moneys  collected  by  said  C.  D.  in  his  official 
character  as  Constable  {or  for  damages  arising  for  a  trespass  on  personal  pro- 
perty) :  Now,  therefore,  for  value  received,  I  do  hereby  consent  to  become 
the  security  for  the  said  A.  B.,  in  accordance  with  the  statute  in  such  case 
made  and  provided,  and  I  hereby  engage  that  the  said  A.  B.  shall  pay  the  said 
G.  D.  any  sum  that  shall  be  adjudged  against  him  the  said  A.  B.,  in  the  suit 
to  be  commenced  by  the  said  warrant. 

L.  M. 

May  28th,  1860. 


JUSTICES'  COURTS.  321 

Iifo.    X  3. 

APPLICATIOX    FOR    ATTACHMENT. 

To  J.  R.,  Esq.,  one  of  the  Justices  of  the  Peace  of  the  town  of  Bern,  in  the 
county  of  Albany : 
The  subscriber  applies  for  an  attachment  against  the  property  of  E.  D.,  on 
the  grounds  set  forth  in  the  affidavit  hereunto  annexed. 

A.  B. 

Dated  the  28th  day  of  May,  iSGO. 


JSo.    13. 

plaintiff's  affidavit  to  obtain  attachment. 

Albany  County^  ss.  A.  B.,  being  duly  sworn,  says,  that  C.  D.  is  justly  in- 
debted unto  him  in  the  sum  of  $50,  as  nearly  as  he  can  ascertain  the  same, 
over  and  above  all  discounts  which  the  said  B.  D.  has  against  him,  which  debt 
arose  upon  contract  {or  upon  a  judgment,  stating  the  court  in  which  it  was 
reijdered,  and  the  amount),  and  that  the  said  0.  D.  is  about  to  remove  his 
property  liable  to  execution  from  the  county  of  Albany  where  he  last  resided, 
with  intent  to  defraud  his  creditors.      Or, 

That  the  said  C.  D.  has  assigned  and  disposed  of  (or  secreted)  his  property, 
with  intent  to  defraud  his  creditors.      Or, 

That  the  said  0.  D.  is  about  to  assign,  dispose  of,  or  secrete  his  property, 
with  intent  to  defraud  his  creditors.      Or, 

That  the  said  C.  D.  has  departed,  or  is  about  to  depart  from  the  said  county, 
with  intent  to  defraud  his  creditors  (or  to  avoid  the  service  of  civil  process). 
Or, 

That  the  said  C.  D.  keeps  himself  concealed,  as  this  deponent  verily  be- 
lieves, with  intent  to  defraud  his  creditors,  or  to  avoid  the  service  of  civil 
process. 

And  this  deponent  further  says :  (Here  set  forth  the  facts  and  circumstances 
which  prove  the  fraudulent  intent.) 

A.  B. 

Sworn,  &a 


ISo.    14. 

SUbpcena  to  compel  attendance  of  a  witness  to  make  affidavit  for 
attachment. 

Town  of  Bern,  County  of  Albany,  ss.  To  L.  M.  and  D.  D. :  In  the  name 
of  the  People  of  the  State  of  New  York,  you,  and  each  of  you,  are  hereby 
commanded  forthwith  to  appear  before  me,  the  undersigned,  a  Justice  of  the 
Peace  in  and  for  the  said  county  of  Albany,  at  my  office,  in  the  village  of 
Bern,  in  said  county,  to  make  affidavit  and  testify  before  me  those  things  which 
you,  or  either  of  you,  know,  touching  an  application  to  me  by  A.  B.,  for  an 
attachment  against  the  property  of  C.  D.,  and  of  any  facts  and  circumstances 
tending  to  establish  the  grounds  of  said  application. 

Given  under  my  hand  this  28th  day  of  May,  1860. 

J.  B.,  Justice  of  the  Peace, 
41 


322  THE  CLERK'S  ASSISTANT. 

JSo.    13. 

BOND    TO    BE    GIVEN    BY    APPLICANT    ON    OBTAINING   ATTACHMENT. 

We,  A.  B.  and  R.  R.,  acknowledge  ourselves  indebted  to  C.  D.,  in  the  sum 
of  $100,  wliicli  we  bind  ourselves  jointly  and  severally  to  pay.  Sealed  witli 
our  seals.     Dated  the  28th  day  of  May,  18G0. 

The  above  bounden  A.  B.  having  applied  to  J.  R.,  one  of  the  Justices  of  the 
Peace  of  the  county  of  Albany,  for  an  attachment  against  the  property  of  the 
eaid  C.  D.  Now,  therefore,  the  condition  of  this  obhgation  is  such,  that  if  the 
above  bounden  A.  B.  shall  pay  to  the  said  C.  D.,  all  damages  and  costs  which 
fie  may  sustain  by  reason  of  the  issuing  of  said  attachment,  if  he  shall  fail  to 
recover  judgment  thereon  ;  and  in  case  judgment  shall  be  recovered  by  the  said 
A.  B.,  then  and  in  that  case  if  the  above  bounden  A.  B.  will  pay  the  said  C. 
D.  all  moneys  which  shall  be  received  by  him  the  said  A.  B.,  from  any  pro- 
perty levied  upon  by  such  attachment,  over  and  above  the  amount  of  such 
judgment,  and  interest  and  costs  thereon,  then  this  obligation  to  be  void, 
therwise  of  force. 

A.  B.  |L.  s.] 
R.  R.  [l.  s.] 
Sealed  and  delivered  in  ) 
presence  of  ) 


JSo.    1«. 

ATTACHMENT. 

^Znan  of  Pern,  County  of  Albany,  ss:  To  any  Constable  of  the  said  coupty, 
Oreeting  :  Whereas  A.  B.  has  made  application  to  the  undersigned,  on  oath  in 
wilting,  for  an  attachment  against  the  property  of  C.  D.,  stating  that  the  said  C. 
D.  1-5  indebted  to  the  said  A.  B.,  in  the  sum  of  ^50  over  and  above  all  discounts, 
whijh  debt  arose  upon  contract  (or  upon  a  judgment) ;  and  that  the  said  C. 
D.  ia  about  vo  depart  from  the  said  county  (as  in  the  application),  with  intent 
to  defraud  his  creditors.  Therefore  the  People  of  the  State  of  New  York  com- 
mand you  to  attach  so  much  of  the  goods  and  chattels  of  the  said  C.  D.,  as 
will  be  sufficient  to  satisfy  the  said  claim,  and  safely  keep  the  same,  to  satisfy 
any  judgment  that  may  be  recovered  on  this  attachment ;  and  that  you  make 
return  of  j'our  proceedings  thtrein  to  the  undersigned  Justice  of  the  Peace  of 
said  county,  on  the  4tli  day  of  June,  ISCO,  at  ten  o'clock  in  the  forenoon,  at 
his  office  in  the  said  town.     Dated  ihe  28th  day  of  May,  ISGO. 

J.  R.,  Justice  of  the  Peace. 


A  COPY    OF  THE  ATTACHMENT  MADE    BY  THE  CONSTABLE,  TO    BE    SERVED    ON  DEFEND- 
ANT, IS  TO  BE  INDORSED  BY  THE  CONSTABLE  AS  FOLLOWS  : 

B}'  virtue  of  the  attachment  of  which  the  within  is  a  copy,  I  have  this  day 
attached  and  taken  into  my  custody  the  following  goods  and  chattels,  to  wit: 

,  (ur  the  goods  and  chattels  specified  in  the  annexed  inventory).     Dated 

the  28th  day  of  May,  1860. 

H.  M.,   ConstaMe. 


JUSTICES'  COURTS.  328 

T^  o.  18. 

BOND  BY  DEFENDANT,  TO  PREVENT  THE  REMOVAL  OF  GOODS  ATTACHED. 

Know  all  men  by  these  presents,  that  we,  C.  D.  and  R.  R.,  are  held  and 
firmly  bound  to  P.  D.,  in  the  sura  of  iglOO  (double  the  sum  stated  in  the 
attachment  to  have  been  sworn  to  b}^  the  plaintiff),  to  be  paid  to  him,  his  exe- 
cutors, administrators,  or  assigns ;  to  which  payment  well  and  truly  to  be 
made,  we  jointly  and  severally  bind  ourselves,  our  and  each  of  our  heirs,  exe- 
cutors, and  administrators,  firmly  by  these  presents.  Sealed  with  our  seals, 
and  dated  the  28th  day  of  May,  1800. 

Whereas,  H.  M.,  one  of  the  Constables  of  the  town  of  Bern,  in  the  county 
of  Albany,  by  virtue  of  a  certain  attachment  issued  by  J.  R.,  Esquire,  on  the 
application  and  in  ftivor  of  the  said  A.  B.,  against  the  goods  and  chattels  of 
the  above  bounden  C.  D.,  hath  attached  of  the  following  goods  and  chattels  of 
the  said  C.  D.,  viz.  :     (Here  specify  the  articles.) 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said  goods 
and  chattels  shall  be  produced  to  satisfy  any  execution  that  may  be  issued  upon 
any  judgment  which  shall  be  obtained  by  the  said  A.  B.  upon  the  said  attach- 
ment, within  six  months  after  the  date  of  this  bond,  then  this  obligation  to  be 
void,  otherwise  of  force. 

A.  B.  [l.  s.] 
R.  R.  [l.  S.1 
Signed  and  delivered  in  the  presence  of,  ) 
and  the  security  approved  by  me,       ) 

H.  M.,   Constable. 


JSo.    X9. 

BOND  TO  BE  GIVEN  BY  A  CLAIMANT  OF  THE  GOODS  ATTACHED. 

Know  all  men  by  these  presents,  that  we,  D.  S.  and  R.  R.,  are  held  and 
5rmly  bound  unto  A.  B.  in  the  sum  of  ^100  (double  the  value  of  the  property 
attached),  to  be  paid  to  him,  his  executors,  administrators,  or  assigns ;  to 
which  payment  well  and  truly  to  be  made,  we  jointly  and  severally  bind  our- 
selves, our  and  each  of  our  heirs,  executors,  and  administrators,  firmly  by  these 
presents.     Sealed  with  our  seals,  and  dated  the  2d  day  of  June,  18G0. 

Whereas  certain  goods,  to  wit  (here  enumerate  them),  were  on  the  29th  day 
of  May  last  seized  by  H.  M.,  Constable,  by  virtue  of  an  attachment  issued  by 
J.  R.,  Esquire,  one  of  the  Justices  of  the  Peace  of  the  county  of  Albany,  in 
favor  of  the  above  named  A.  B.  against  C.  D.  And  whereas  the  above  boun- 
den D.  S.  claims  the  said  goods  as  his  property. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if,  in  a  suit  to 
be  brought  on  this  obligation  within  three  months  from  the  date  hereof,  the 
said  D.  S.  shall  establish,  that  he  was  the  owner  of  the  said  goods  at  the  time 
of  the  said  seizure ;  and  in  case  of  his  failure  to  do  so,  if  the  said  D.  S.  shall 
pay  to  said  A.  B.  the  value  of  the  said  goods,  with  interest,  then  this  obliga- 
tion to  be  void,  otherwise  to  remain  of  force. 

D.  S.  [l.  s.] 
R.  R.  [l.  s.] 

Sealed  and  delivered  in  the  presence  of,  ) 
and  the  security  approved  by  me,       ( 

H.  M.,   Constable. 


324  THE  CLERK'S  ASSISTANT. 

lS"o.    SO. 

constable's  return  to  an  attachment. 

By  virtue  of  the  within  attachment,  I  did,  on  the  30th  day  of  May,  instant, 
attach  and  take  into  my  custody,  the  following  goods  and  chattels  of  the 
defendant,  to  wit:  ....  {or  the  goods  and  chattels  of  the  defendant  specified 
in  the  annexed  inventory,  to  wit:    . . . .) 

And  I  did  immediately  make  an  inventory  of  the  property  attached,  and 
serve  a  copy  of  this  attachment,  and  of  the  said  inventory,  by  me  certified, 
on  the  said  defendant  personally. 

H.  M.,    Constahi^. 

Dated,  &c. 

(If  the  copy  of  the  attachment  be  not  personally  served,  the  latter  clause 
of  the  form  is  to  be  as  follows :) 

And  I  did  immediately  make  an  inventory  of  the  property  attached,  and 
because  the  said  defendant  could  not  be  found  in  said  county,  I  left  a  copy  of 
this  attachment,  and  of  the  said  inventory,  by  me  certified,  at  the  last  place 
of  residence  of  the  said  defendant  {or  if  the  defendant  has  no  place  of  resi- 
dence in  the  county,  with  J.  D.,  in  whose  possession  I  found  the  said  goods 
and  chattels,  the  said  defendant  having  no  place  of  residence  in  this  county). 

H.  M.,   Constable. 

Dated,  &c. 

(If  the  defendant,  or  a  claimant  of  the  goods,  gives  a  bond  as  specified  by 
the  statute,  to  prevent  the  removal  of  the  goods  by  the  attachment,  the  Con- 
stable ought  to  add  to  his  return  the  following  clause  :) 

But  the  said  goods  and  chattels  were  dehvered  up  to  J.  K.  (the  defendant, 
or  claimant),  upon  receiving  the  bond  herewith  returned. 


ISo.    3X. 

CONSENT    AND    APPOINTMENT    OF    GUARDIAN    FOR   AN    INFANT    PLAINTIFF. 

I  consent  to  be  the  next  friend  of  J.  D.,  an  infant,  in  a  suit  to  be  com 
menced  as;ainst  J.  S. 

R.  R. 

Dated  May  30,  1860. 

The  said  R.  R.  is  accordingly  appointed. 

J,  R,  Justice  of  the  Peace. 
Dated  the  30th  day  of  May,  1860. 


JUSTICES'  COURTS.  325 


jvo.  3a. 

consent  and  appointment  of  guardian  for  an  infant  defendant. 
Albany  County — Justices'  Court. 


J.  S. 

ads. 

J.  D. 


Before  J.  K,  Esq.,  Justice  of  the  Peace. 

I  consent  to  be  the  guardian  of  J.  S.,  the  above  named  defendant. 

E.  R. 
Dated,  &c. 

The  said  R.  R.  is  accordingly  appointed. 

J.  R.,  Justice  of  the  Peace. 
Dated,  &c. 


No.    33. 

POWER    OF    ATTORNEY    TO    APPEAR   IN    A    JUSTICES'    COURT. 

I  hereby  make  and  appoint  Gr.  H.  my  attorney,  to  appear  for  me  in  a  suit 
brought  (or  to  be  brought)  by  me  against  J.  S.,  before  J.  R.,  a  Justice  of  the 
Peace  of  the  town  of  Bern,  and  to  act  as  my  attorney  in  said  suit,  in  all 
things  that  I  might  do  if  personally  present. 

L,  M. 

Dated  May  30,  1860. 


nvo.  34 

ACKNOWLEDGMENT    TO    POWER   OF   ATTORNEY. 

Albany  County,  ss.  On  this  30th  day  of  May,  1860,  before  me  came  the 
above  named  L.  M.,  to  me  known  to  be  the  individual  described  in  and  who 
executed  the  foregoing  instrument  (or  power  of  attorney),  and  acknowledged 
the  execution  thereof. 

L.  B.,  Justice  of  the  Peace. 


No.    33. 

RETURN   OF   CONSTABLE   TO   SUMMONS   WHEN   DEFENDANT   CANNOT   BE   FOUND. 

I  hereby  certify,  that  I  have  made  diligent  search  for  the  within  named 
defendant,  and  he  cannot  be  found  in  the  county  of  Albany. 

L.  L.,   Constable. 
Bern,  May  30,  1860. 


No.    36. 

BOND    ON   ADJOURNMENT. 


Albany  County,  Town  of  Bern,  ss.  Know  all  men  by  these  presents,  that 
we,  C.  D.,  defendant,  and  E.  R,  are  held  and  firmly  bound  unto  A.  B., 
plaintifif,  in  the  sum  of  $100,  to  be  paid  to  the  said  plaintiff,  his  heirs,  execu- 
tors, administrators  and  assigns,  for  which  payment  well  and  truly  to  be 


326  THE  CLERK'S  ASSISTANT. 

made,  we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally  by  these  presents. 

Sealed  with  our  seals,  and  dated  the  30th  day  of  May,  I860.* 
Whereas,   an  action  has  been  commenced  before  J.  R.,   a  Justice  of  the 
Peace  of  said  town,  by  said  plaintiff  against  said  defendant,  in  which  action 
the  said  defendant  has  desired  an  adjournment  of  the  said  cause. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  no  part  of 
the  property  of  the  said  defendant  hable  to  be  taken  on  execution,  shall  be 
removed,  secreted,  assigned,  or  in  any  way  disposed  of  (except  for  the  neces- 
sary support  of  himself  and  family)  until  the  said  demand  of  the  said  plaintiff 
shall  be  satisfied,  or  until  the  expiration  of  ten  days  after  the  said  plaintiff 
shall  be  entitled  to  have  an  execution  issued  on  the  judgment,  in  the  said 
cause,  if  he  shall  obtain  such  judgment,  then  this  obhgation  to  be  void  and  of 
no  effect,  otherwise  to  be  and  remain  in  full  force  and  virtue. 

C.  D.  [l.  s.] 


Sealed  and  delivered  in  presence  of, 
and  the  security  approved  by, 

J.  E.,  Justice  of  the  Peace. 


E.  F.  [L.  S.J 


JUSTIFICATION   OF   SECURITY. 


Albany  County,  ss.  E.  F.  being  duly  sworn,  says  he  is  a  housekeeper  {or 
a  freeholder),  residing  in  the  town  of  Bern,  in  said  county,  and  is  worth  the 
sum  of  S200,  over  and  above  all  debts  and  liabilities. 

B.  F. 

Sworn,  &c. 


No.     38. 

BOND   ON   ADJOURNMENT,    FOR   A   TORT   OR   WRONG. 

[As  in  No.  26  to  the  *  and  then  as  follows:) 

Whereas,  an  action  has  been  commenced  before  J.  R.,  a  Justice  of  the  Peace 
of  said  town,  by  said  plaintiff  against  said  defendant,  the  trial  of  which  is 
adjourned  until  the  10th  day  of  July,  1860,  on  the  appUcation  of  said  defend- 
ant. 

Now.  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  defendant  and  surety,  or  either  of  them,  shall  pay  suchjudgment  as 
may  be  rendered  against  the  said  defendant  in  said  action,  with  interest,  or  if 
C.  D.,  the  defendant,  shall  render  himself,  upon  the  execution  which  may  be 
issued  against  him  on  such  judgment,  before  the  return  thereof,  then  this  obli- 
gation to  be  void,  otherwise  of  force. 
*  CD.  [l.  S.J 

E.  F.  [l.  S.J 

Sealed  and  dehvered  in  presence  of,  ) 
and  securities  approved  by  me,      ) 

J.  H.,  Justice  of  the  Peace. 

(Add  Justification,  No.  27.) 


1 


JUSTICES'  COURTS.  327 

ISO.    30. 

BOND    TO    BE    ilADE    BY    DEFENDANT,    UPON    TENDERING    A    PLEA    OF    TITLE. 

Know  all  men  bj  these  presents,  that  we,  C.  D.  and  R.  E.,  of  the  town  of 
Bern,  in  the  county  of  Albany,  are  held  and  firmly  bound  unto  A.  B.,  of  the 
same  place,  in  the  sum  of  $100,  to  be  paid  to  the  said  A.  B.,  or  to  his  certain 
attorney,  executors,  administrators  or  assigns,  to  which  payment  well  and 
truly  to  be  made,  Ave  jointl}^  and  severally  bind  ourselves,  our  and  each  of  our 
heirs,  executors  and  administrators,  firmly  by  these  presents.  Sealed  Avith 
our  seals,  and  dated  May  30,  1860. 

Whereas,  in  a  suit  before  J.  R.,  Esquire,  one  of  the  Justices  of  the  Peace 
of  the  county  of  Albany,  wherein  the  above  named  A.  B.  is  plaintiff,  and  the 
above  bounden  C.  D.  is  defendant,  the  said  C.  D.  has  plead  specially  showing 
that  the  title  to  lands  will  come  in  quefction  in  the  said  suit. 

jSToav,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said  A. 
B.  shall,  within  twenty  days  from  the  date  hereof,  deposit  Avith  the  said  .J.  R., 
Justice,  a  summons  and  complaint  in  an  action  in  the  Supreme  Court  for  the 
same  cause  mentioned  and  set  forth  in  the  complaint  in  the  above  mentioned 
action,  the  defendant  Avill,  Avithin  twenty  days  after  such  deposit,  give  an 
admission,  in  writing,  of  the  service  thereof 

C.  D.  [l.  s.] 
E.  F.    [l.  s.] 


IVo.    30. 

APPROVAL  TO  BE  INDORSED  ON  THE  FOREGOING  BY  THE  JUSTICE. 

I  hereby  approve  of  the  form  and  sufficiency  of  the  within  undertaking.' 

J.  R.,  Justice  of  the  Peace.. 
Bern,  May  30,  1860. 


JSo.    31. 

BOND  OF  DEFENDANT  UPON  A  PLEA  OF  TITLE  WHERE  THE  DEFENDANT  HAS  BEEN 

ARRESTED. 

(J.S  in  No.  29  to  the  end,  and  then  add  the  following ;) 

And  that  he  the  said  C.  D.  defendant,  will  at  all  times  render  himself  amen- 
able to  the  process  of  the  court  during  the  pendency  of  the  action,  and  to  such 
4s  niay  be  issued  to  enforce  the  judgment  therein. 

C.  D.  [l.  s.] 
E.  F.  [l.  s.] 


i>ro.  3ij. 

BOND    TO    DETAIN    A    CANAL    BOAT    ON    A    STATE    CANAL. 

KnoAv  all  men  by  these  presents,  that  Ave.  A.  B.  and  R.  R.,  of  Cohoes,  in 
the  county  of  Albany,  are  held  and  fi-rmly  bound  unto  C.  D.,  in  the  sura  of 
^100  to  be  paid  by  the  said  0.  D.,  his  executors,  administi-ators  or  assigns,  to 
Avhich  payment  Avell  and  truly  to  be  made,  we  bind  ourselves  jointly  and 
severally,  and  our  and  each  of  our  heirs,  executors,  and  administrators,  firmly 
by  these  presents.     Sealed  with  our  seals.     Dated  the  .jOth  day  of  May,  1860. 

Whereas  an  action  is  about  to  be  brought  by  the  said  A.  B.  against  the  said 
C.  D.,  to  recover  the  penalty  imposed  by  law  for  taking  rails,  board.s,  planks, 
staves,  or  some  of  them,  from  the  banks  or  vicinity  of  the  Erie  canal.     And 


328  THE  CLERK'S  ASSISTANT. 

the  said  A.  B.  prays  process  to  detain  the  canal  boat  called  the  South,  on 
which  the  penalty  is  alleged  to  be  chargeable. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said 
action  shall  be  prosecuted  to  judgment  with  all  convenient  speed,  and  in  case 
judgment  be  rendered  therein  in  favor  of  the  said  defendant,  if  the  obUgors 
herein  shall  pay  the  costs  and  charges  which  shall  be  adjudged  against  the 
plaintiff,  and  all  damages  which  may  ensue  from  the  detention  of  the  said  boat 
and  the  cargo  thereof,  and  the  crew  navigating  the  same,  then  this  obligation 
to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

A.  B.  [l.  s.] 
R.  R.  [l.  s.] 
Sealed  and  delivered  ) 
in  presence  of         \ 


JN  o.    3  3. 

SUBPOENA. 

Albany  County,  ss.  To  G.  H.,  L.  P.,  0.  R.  and  S.  Y.,  Greeting:  In  the 
name  of  the  People  of  the  State  of  New  York,  you  are  commanded  to  appear 
before  me,  the  undersigned,  a  Justice  of  the  Peace  of  said  county,  at  his  office 
in  the  town  of  Bern,  in  the  said  county,  on  the  1st  day  of  June,  1860,  at  9 
o'clock  in  the  forenoon,  to  give  evidence  in  a  civil  action  then  and  there  to  be 
tried  between  A.  B.  plaintiff,  and  C.  D.  defendant,  on  the  part  of  the  plaintiff 
(or  defendant).     Hereof  fail  not  at  your  peril. 

Given  under  my  hand  in  said  town,  this  30th  day  of  May,  1860. 

J.  R.,  Justice  of  the  Peace. 


No.    34. 

SUBPCENA    DUCES   TECUM. 

(As  in  the  last  form,    except   that   after   the    word   defendant   you  insert   iJie 

folloiuirig :) 

And  you,  L.  P.,  are  also  further  commanded  to  bring  with  you,  and  then 
and  there  produce  in  evidence  a  certain  paper  writing  (here  describe  it  so  that 
the  witness  can  identify  the  paper  to  be  brought). 


No.    33. 

AFFIDAVIT   OF    SERVICE    OF    SUBPCENA. 

Albany  County,  ss.  A.  B.,  the  plaintiff  named  in  the  annexed  subpoena, 
being  duly  sworn,  says  that  on  the  31st  day  of  May,  1860,  at  the  town  of 
Bern,  in  said  county,  he  personally  served  the  subpoena  on  G.  H.,  a  witnesa 
therein  named,  by  reading  the  same  (or  stating  the  contents  thereof)  to  him, 
at  the  same  time  paying  (or  tendering)  to  him  the  sum  of  25  {or  13)  cents;  that 
the  said  G.  H.  is  a  material  witness  for  this  deponent  on  the  trial  of  the  cause 
mentioned  in  said  subpoena,  and  that  he,  the  said  G.  H..  has  neglected  (or  re- 
fused) to  attend  the  trial  of  said  cause. 

A.  B. 
Sworn  to  this  31st  day  of  May, 
1860,  before  me,    , 

J.  R.,  Justice  of  the  Peace. 


JUSTICES'  COURTS.  329 

No.  se. 

SUIIMONS   AGAINST   A   DEFAULTING  WITNESS. 

County  of  Albany,  ss.  To  any  Constable  of  said  county,  Greeting:  In 
the  name  of  the  People  of  the  State  of  New  York,  you  are  hereby  commanded 
to  summon  Gr.  H.  to  appear  before  me,  the  undersigned,  a  Justice  of  the  Peace 
in  and  for  said  county,  at  my  ofi&ce  in  Bern,  on  the  2d  day  of  June,  1860,  at 
10  o'clock  in  the  forenoon,  to  show  cause  why  he  should  not  be  fined  accord- 
ino'  to  laAV,  for  his  non-attendance  as  a  witness  before  me,  at  Bern  on  the  1st 
day  of  June,  1860,  to  give  evidence  in  a  certain  cause  then  depending  before 
me,  in  which  A.  B.  was  plaintifl"  and  C.  D.  defendant,  on  the  part  of  the  plain- 
tiff {or  the  defendant).     And  have  you  then  there  this  precept. 

Given  under  my  hand  this  1st  day  of  June,  1860. 

J.  R.,  Justice  of  Hie  Peace 


ISo.    3T. 

ATTACHMENT   AGAINST   A   DEFAULTING   WITNESS. 

County  of  Albany,  ss.  To  any  Constable  of  said  county,  Greeting:  In  the 
name  of  the  People  of  the  State  of  New  York,  you  are  hereby  commanded 
to  attach  G.  H.  and  bring  him  before  the  undersigned,  a  Justice  of  the  Peace 
in  and  for  said  count}^,  at  his  office  in  Bern,  forthwith  {or  on  the  2d  day  of 
June,  at  9  o'clock  in  the  forenoon),  to  testify  those  things  which  he  knows, 
in  an  action  now  depending  before  the  said  Justice,  between  A.  B.,  plaintiff, 
and  C.  D.,  defendant,  on  the  part  of  the  plaintiff  {or  defendant),  and  also  to 
answer  all  such  matters  as  shall  be  objected  against  him,  for  that  the  said  G. 
H.  having  been  duly  subpoenaed  to  attend  at  the  trial  of  the  said  action,  hag 
refused  {or  neglected)  to  attend  in  conformity  to  such  subpoena.  And  have 
you  then  there  this  precept. 

Given  under  my  hand  this  1st  day  of  June,  1860. 

J.  R.,  Justice  of  the  Peace. 


Tfo.    38. 

SUMMONS   AGAINST   A    DEFAULTING   JUROR. 

{The  same  as  in  No.  36  against  a  defaulting  witness,  down  to  and  including 
the  words  "non-attendance,"  then  proceed  as  follows:) 

As  a  juror  before  me,  at  Bern,  on  the  1st  day  of  June,  in  a  certain  cause 
there  depending  before  me,  between  A.  B.,  plaintiff,  and  C,  D.,  defendant 
And  have  you  then  there  this  precept. 

Given  under  my  hand  this  31st  day  of  May,  1860. 

J.  R.,  J^istice  of  the  Peace 


ISO.    30. 

minute   of   conviction  of  defaulting  witness  or  juror,  to  be  entered  in 
justice's  docket. 

Albany   County,    ss.     Be  it  remembered,    that  on  the  31st  day  of  May, 
1860,  G.  H.  is  convicted  before  me,  and  fined  the  sum   of  $Z,  besides  $2 
costs,  for  non-attendance  as  a  witness  to  give  evidence  {or  as  a  juror)  before 
42 


330  THE  CLERK'S  ASSISTANT. 

me,  at  my  office,  in  the  to-wn  of  Bern,  on  the  30th  day  of  May,  1860,  in  a 
certain  cause  there  depending  before  me,  in  which  A.  B.  was  plaintiff,  and  0. 
D.  defendant. 

J.  R.,  Justice  of  the  Peace. 


THo.    4  0. 


EXECUTION   FOR   FINE   AND   COSTS    IMPOSED   UPON   A   DEFAULTING   WITNESS   OR 

JUROR. 

Albany  County^  ss.  To  any  Constable  of  said  county,  Greeting:  Where- 
as, G.  H.  was,  on  the  21st  day  of  May,  convicted  and  fined  by  me,  the 
undersigned,  a  Justice  of  the  Peace,  the  sum  of  $3,  besides  §2  costs  for  non- 
attendance  as  a  witness  to  give  evidence  {or  as  a  juror)  before  me,  at  Bern, 
on  the  30th  day  of  May,  in  a  certain  cause  then  depending  before  me,  in 
which  A.  B.  was  plaintiff,  and  C.  D.  defendant;  a  record  of  which  conviction, 
and  of  the  cause  thereof  has  been  duly  made  up  and  entered  in  my  docket 
And  whereas,  the  said  G.  H.  has  neglected  to  pay  the  said  fine  and  costs : 

In  the  name  of  the  People  of  the  State  of  New  York,  you  are  hereby  com- 
manded to  levy  the  said  fine  and  costs  of  the  goods  and  chattels  of  the  said 
G.  H. ;  and  for  want  thereof,  to  take  and  convey  the  said  G.  H.  to  the  jail  of 
the  said  county,  there  to  remain  until  he  shall  pay  such  fine  and  costs.  And 
the  keeper  thereof  is  required  to  keep  the  said  G.  H.  in  close  custody  in  said 
jail  until  the  fine  and  costs  aforesaid  be  paid,  or  until  30  days  after  the  com- 
mencement of  his  imprisonment. 

Given  under  my  hand  this  2d  day  of  June,  1860. 

J.  R.,  Justice  of  the  Peace. 


No.    4.x. 


Tovm  of  Bern,  County  of  Albany,  ss.  To  any  Constable  of  the  said  county, 
Greeting :  The  People  of  the  State  of  New  York  command  you  to  summon 
twelve  good  and  lawful  men  in  the  said  town,  qualified  to  serve  as  jurors,  and 
not  exempt  from  serving  on  juries  in  Courts  of  Record,  and  who  are  in  no 
wise  of  kin  to  either  party,  nor  interested  in  the  suit  hereinafter  named,  to- 
appear  before  the  undersigned,  one  of  the  Justices  of  the  Peace  of  the  said 
county,  at  his  office  in  the  said  town,  on  the  4th  day  of  June,  at  10  d'clock  in 
the  forenoon,  to  make  a  jury  for  the  trial  of  an  action  of  trespass  on  the 
case,  between  A.  B.,  plaintiff,  and  C.  D.,  defendant.  And  that  you  make  a 
list  of  the  persons  summoned,  which  yoii  will  certify  and  annex  to  the  venire, 
and  make  return  thereof  to  the  said  Justice. 

Dated  the  31st  day  of  May,  1860. 

J.  R.,  Justice  of  the  Peace. 


constable's    return    TO    Tin   VENIRE. 


I  certify,  that  by  virtue  of  the  within  precept,  I  have  personally  sum- 
moned as  jurors  the  several  persons  named  in  the  annexed  list 

H.  M.,  Constable. 
Dated  the  31st  day  of  May,  1860. 


JUSTICES'  COURTS.  331 

No.    43. 

trior's  oath  on  challekge  to  the  array  for  favor. 

You  do  swear  that  you  will  well  and  truly  try  the  issue  of  challenge  to  the 
array  of  jurors  in  this  suit,  between  A,  B.,  plairtiff,  and  0.  D.,  defendant;  and 
a  true  finding  naake  according  to  evidence.     So  help  you  God. 


N"o.    44. 

trior's  oath  on  challenge  to  the  polls  for  favor. 

Y"ou  do  swear  that  you  will  well  and  truly  try,  and  truly  find,  whether  B.  B., 
the  juror  challenged,  stands  indifferent  between  A.  B.  plaintiff,  and  C.  D.,  de- 
fendant, in  the  issue  about  to  be  tried.     So  help  you  God. 


No.    45. 

OATH   OF   WITNESS   ON   A   TRIAL   OF  A   CHALLENGE. 

You  do  swear  that  you  will  true  answers  make  to  such  questions  as  shall 
be  put  to  you,  touching  the  challenge  of  B.  B.,  a  juror.     So  help  you  God. 


ISTo.    46. 

juror's  oath. 


You  do  swear  well  and  truly  to  try  the  matter  in  difference  between  A.  B., 
plaintiff,  and  C.  D.,  defendant ;  and,  unless  discharged  by  the  justice,  a  true 
verdict  to  give,  according  to  evidence.     So  help  you  God. 


][Sro.    47. 

OATH  OF  A  PARTY  OR   INTERESTED  WITNESS,  TO    PROVE  THE    DEATH   OR  ABSENCE    BE- 
YOND THE  REACH  OF  A  SUBPCENA  OF  A  SUBSCRIBING  WITNESS  TO  A  PAPER. 

You  shall  true  answers  make,  to  such  questions  as  shall  be  put  to  you, 
touching  your  (or  the  plaintiffs,  or  defendant's)  ability  to  procure  the  attend- 
ance of  A.  B.,  a  subscribing  witness  to  this  paper  (or  the  paper  in  question). 
So  help  you  God. 


No.  4a. 

OF   PARTY,    OR   INTERESTED  WITNESS,    TO    ADMIT    EVIDENCE    OF   THE    CONTENTS   OF    A 
PAPER   NOT    PRODUCED. 

You  shall  true  answers  make,  to  such  questions  as  shall  be  put  to  you,  con- 
cerning the  loss  of  any  paper  which  would  be  proper  evidence  in  this  cause 
So  help  you  God. 


332  THE  CLERK'S  ASSISTANT. 


VOIRE    DIRE. 


You  shall  true  answers  make,  to  such  questions  as  shall  be  put  to  yon, 
touching  your  interest  in  the  event  of  this  cause.     So  help  you  God. 


ISTo.    SO. 

OATH   OF   WITNESS. 


Yon  do  swear,  that  the  evidence  you  shall  give  relating  to  the  matter  m 
difference  between  A.  B.,  plaintiff,  and  C.  D.,  defendant,  shall  be  the  truth,  the 
whole  truth,  and  nothing  but  the  truth. 


ISTo.    51. 

constable's   oath   on   RETIRING  WITH  JURORS. 

Tou  swear,  in  the  presence  of  Almighty  God,  that  you  will,  to  the  utmost 
of  your  ability,  keep  the  persons,  sworn  as  jurors  on  this  trial,  together  in 
some  private  and  convenient  place,  without  any  meat  or  drink,  except  such  as 
shall  be  ordered  by  me;  that  you  will  not  suffer  any  communication,  orallvor 
otherwise,  to  be  made  to  them ;  that  you  will  not  communicate  with  them 
yourself,  orally  or  otiierwise,  unless  by  my  order,  or  to  ask  them  whether  they 
have  agreed  on  their  verdict,  until  they  shall  be  discharged  ;  and  that  you  will 
not,  before  they  render  their  verdict,  communicate  to  any  person  the  state  of 
their  deliberations,  or  the  verdict  they  have  agreed  on.     So  help  you  God. 


ISTo.    52. 

confession  of  judgment  before  a  justice. 
Albany  County — Justices'  Court. 


A.  B. 
agt.  >  Confession  for  $75. 

C.  D. 


Before  J.  R.,  Justice  of  the  Peace. 

County  of  Albany,  Town  of  Bern,  ss.  C.  D.,  the  defendant  in  the  above 
entitled  cause,  personally  appearing  before  J.  R.,  one  of  the  Justices  of  the 
Peace  of  said  county,  confesses  that  he  is  honestly  and  justly  indebted  unto 
A.  B.,  the  plaintiff  above  named,  in  the  sum  of  !8;75,  over  and  above  all  just 
demands  that  he  has  against  the  said  plaintiff,  and  consents  that  judgment  be 
entered  accordingly,  with  costs  to  be  adjudged  to  the  said  plaintiff. 

C.  D. 
Taken  and  acknowledged  before  me  ) 
this  31st  day  of  May,  1860,         \ 

J.  R.,  Justice  of  the  Peace. 


JUSTICES'  COURTS.  333 


No,    53. 

AFFIDAVIT   TO   BE   MADE   UPON   CONFESSION   OF  JUDGMENT   ■WHEN   THE   AMOUNT 
EXCEEDS   FIFTY   DOLLARS. 


Albany  County — Justices'  Court. 


A.  B. 

agt 
C.  D. 


County  of  Albany,  ss.  A.  B.,  plaintiff,  and  C,  D.,  defendant,  being  duly 
sworn,  do  severally  depose  and  say,  that  he,  the  defendant,  is  honestly  and 
justly  indebted  unto  the  said  plaintiff  in  the  sum  of  $75,  over  and  above  all 
just  demands  which  the  defendant  has  against  the  plaintiff,  and  that  the  above 
confession  in  this  cause  is  not  made  or  taken  with  a  view  to  defraud  any 
creditor. 

A.  B. 

C.   D. 

Sworn  this  31st  day  of  May, 

1860,  before  me, 

J.  J.,   Commissioner  of  Deeds. 


IsTo.  54. 

affidavit  that  the  justice   is  a  material  witness  in  the  cause. 
Albany  County — Justices'  Court. 


C.  D. 
A.  B. 


County  of  Albany,  ss.  C.  D.,  the  above  defendant,  being  duly  sworn,  saith, 
that  J.  R.,  Esq.,  the  Justice  of  the  Peace  by  whom  the  warrant  {or  summons) 
in  this  cause  was  issued,  and  before  whom  the  same  was  made  returnable,  is 
a  material  witness  for  this  deponent  in  the  said  cause,  and  that  he  cannot 
safely  proceed  to  the  trial  thereof  without  the  testimony  of  the  said  Justice. 

C.  D. 

Sworn  before  me,  this  31st ) 
day  of  May,  1860,         \ 

J.  R.,  Justice  of  the  Peace. 


]Sro.  55. 

complaint  against  maker  of  a  note. 
County  of  Albany — Justices'  Court. 


A.    B. 

agt.  y 

C.  D.  \ 

Before  J.  R.,  Justice  of  the  Peace. 

This  plaintiff  in  his  complaint  shows  that  this  defendant  on  the  4th  day  cf 
March,  1860,  made  his  promissory  note  in  writing,  dated  on  that  day  and  for 


334 


THE  CLERK'S  ASSISTANT. 


value  received  promised  to  pay  this  plaintiff  or  order  $30  in  one  month  from 
the  date  thereof,  with  interest,  that  he  has  not  paid  said  note  or  any  part  of 
the  same,  and  this  plaintiff  demands  judgment  for  $30  and  interest  thereon 
from  April  3d,  1860,  besides  the  costs  of  this  action. 


No.  56. 

COMPLAINT    FOR   WORK,    LABOR   AND    SERVICES. 

(Title.) 

This  plaintiff  says  the  defendant  is  indebted  to  him  for  work  and  labor  and 
services  performed  *  by  this  plaintiff  for  the  said  defendant  at  divers  times 
between  January  3d,  1860,  and  April  10th,  1860,  amounting  to  $65,  and  he 
demands  judgment  against  him  for  that  amount. 


No.  57. 

COMPLAINT   FOR   WORK   AND   LABOR   AND    CAUSE   OF   ACTION   ASSIGNED. 

(As  in  No.  56  to  the  *  then  as  follows:) 

By  one  L.  M.,  for  the  said  defendant,  at  divers  times  between  October  1st, 
1859,  and  March  10th,  1860,  amounting  to  §89,  and  which  said  claim  or  de- 
mand against  said  defendant  the  said  L.  M.  has  for  value  sold  and  assigned 
previous  to  the  commencement  of  this  action  to  this  plaintiff,  and  he  is  now 
the  holder  and  owner  thereof,  and  he  demands  judgment  for  said  $89  against 
said  defendant. 


No.  5S 

COMPLAINT    FOR   RENT. 

(Title.) 

This  plaintiff  in  his  complaint  says,  that  the  said  defendant  is  indebted  to 
this  plaintiff  for  the  use  and  occupation  of  (a  part  of)  the  house  No.  10 
Ogilvie  street,  from  the  1st  day  of  January,  1860,  to  the  18th  day  of  April, 
1860,  amounting  in  value  to  $40  and  he  demands  judgment  for  that  amount 
and  interest  thereon,  from  April  1st,  1860. 


ISTo.    59. 

COMPLAINT    FOR   GOODS    SOLD. 


(Title.) 

This  plaintiff  shows  that  the  said  defendant  is  indebted  to  this  plaintiff  for 
goods,  wares  and  merchandise  sold  and  delivered  to  the  said  defendant  at 
different  times  since  December,  ]  859,  amounting  to  $45,  and  asks  for  judg- 
ment for  that  amount  with  costs  of  this  action. 


N"o.    60. 

COMPLAINT   AGAINST   CARRIER   FOR   LOSS   OF   GOODS. 

(Title.; 

The  defendant,  as  a  common  carrier  of  goods  for  hire,  received  from  this 
plaintiff  at  Albany  on  the  10th  of  January,  1860,  a  quantity  of  goods,  wares 


JUSTICES'  COURTS.  335 

and  merchandise  of  the  value  of  $30,  which  the  said  defendant  undertook  to 
carry  to  Buffalo  and  deliver  to  G.  H.,  the  agent  of  the  plaintiff,  and  the  said 
defendant  having  so  received  the  said  goods,  by  his  negligence  and  careless- 
ness has  failed  to  deliver  the  said  goods  and  the  same  have  been  lost  to  thi? 
plaintiff  to  his  damage  of  $30,  and  he  demands  judgment  against  the  said 
defendant  for  that  amount. 


JSTo.  61. 

COMPLAINT   FOR   INJURING   PERSONAL   PROPERTY. 

(^  Title.) 

This  plaintiff  complains  of  the  defendant  because  on  the  3d  day  of  April 
1860,  the  said  defendant  carelessly  ran  against  the  ox  wagon  of  the  plaintiff 
and  broke  and  damaged  the  ox  wagon  of  the  plaintiff  to  the  amount  of  ^15, 
and  he  demands  judgment  against  the  defendant  for  that  amount. 


No.    62. 

COMPLAINT    FOR    INJURY    TO    REAL    PROPERTY. 

(Title.) 

This  plaintiff  says  the  defendant  wrongfully,  wickedly,  and  mahciously,  on 
the  3d  of  April,  1860,  tore  down  the  fence  of  this  plaintiff,  doing  damage  to 
the  amount  of  ^38  and  he  demands  judgment  against  him  for  that  amount. 


No.    63. 

COMPLAINT    FOR    BREACH    OF   WARRANTY. 

(Title.) 

This  plaintiff  says  that  on  the  10th  of  March,  1860,  at  the  instance  and  re- 
quest of  the  defendant,  he  purchased  of  the  defendant  a  horse  and  paid  there- 
for the  sum  of  ^100,  that  the  said  defendant  at  the  time  of  the  said  purchase, 
and  for  the  purpose  of  inducing  this  plaintiff  to  purchase  said  horse,  repre- 
sented to  him,  said  plaintiff,  that  the  said  horse  was  in  every  respect  and  par- 
ticular sound  and  gentle,  and  quiet  in  harness,  and  that  he  would  warrant  and 
did  warrant  him  so  to  be.  And  this  plaintiff,  relying  upon  the  said  warranty, 
purchased  the  said  horse  and  paid  the  said  ^100  to  said  defendant.  Whereas 
in  truth  and  fact  the  said  horse  was,  at  the  time  of  the  said  warranty  and  sale, 
unsound,  and  had  the  heaves,  and  was  unsteady,  restive  and  ungovernable  in 
harness  and  has  so  remained  ever  since.  That  the  said  horse  is  not  worth  to 
exceed  ^25,  and  this  plaintiff  has  been  injured  and  wronged  by  said  defend- 
ant to  the  amount  of  ^75,  and  he  demands  judgment  against  him  for  that 
amount. 


336  THE  CLERK'S  ASSISTANT. 

KTo.    64. 

answer general  denial. 

Albany  County — Justices'  Court. 


C.     D. 

ads. 
A.     B. 


Before  J.  E.,  Justice. 

This  defendant  for  answer  denies  each  and  every  allegation  in  the  plaintiff's 
complaint  herein. 


N^o.    65. 

ANSWER — PLEA   OF   TITLE. 

(Title.) 

This  defendant  for  answer  says  that  the  said  real  estate  and  the  said  fence 
referred  to  in  plaintiff 's  complaint  in  this  action,  is  not  the  real  estate  of  the 
said  plaintiff  nor  is  he  entitled  to  the  possession  thereof;  but  the  said  real 
estate  is  the  property  of  one  G.  S.,  and  this  defendant  denies  that  he  has  in 
any  manner  or  at  any  time  injured  or  torn  down  any  fences,  or  committed  any 
trespass  upon  lands  belonging  to  the  said  plaintiff  and  he  demands  judgment 
in  his  favor  in  this  action. 

C.  D. 


No.    66. 

COUNTERSIGNMENT   OF   JUSTICE   INDORSED   THEREON. 

To  A.  B.,  plaintiff,  within  named:    Take  notice  that  the  within  is  the  answer 
of  the  defendant  duly  and  properly  filed  in  this  action. 

Yours,  &c., 
June  1st,  1860.  J.  B..,  Justice. 


No.  6  7. 

DEMURRER. 

(Title  as  in  No.  64.) 

C.  D.,  the  defendant  herein,  demurstothecomplaint  of  the  plaintiff,  because 
it  is  insufficient  in  law  to  maintain  his  action,  and  assigns  the  following  rea- 
son :  That  it  does  not  appear  in  the  complaint  that  there  was  any  considera- 
tion for  the  promise  alleged  to  have  been  made  by  the  defendant  to  the  plam- 
tiff  (or  it  appears  from  the  face  of  the  complaint  that  there  has  been  a  mis- 
joinder of  plaintiff,  or  misjoinder  or  nonjoinder  of  defendant  therein). 


n 


JUSTICES'  COURTS.  337 

No.    68. 

notice  that  party  will  apply  for  a  commission. 
Albany  County — Justices'  Court. 


A.  B. 

ngt. 
C.  D. 


Before  J.  R.,  Justice. 

To  A.  B.,  Esq. : 

Dear  Sir— Take  notice,  that  on  the  2d  day  of  July,  T860,  at  10  o'clock  m 
tne  forenoon,  an  application  will  be  made  to  the  above  named  Justice,  at  his 
office  in  the  town  of  Bern,  for  a  commission,  to  be  directed  to  L.  L.,  Esq.,  of 
the  city  of  Syracuse,  to  examine  M.  M.,  of  the  same  place,  a  witness  in  the 
above  entitled  action,  upon  interrogatories  to  be  annexed  to  such  commis&ioa 

C.  D.,  Defendant. 

Bern,  May  26,  1860. 


ISO.     69. 

affidavit  of  service  of  notice  for  a  commission. 

Albany  County,  ss.  H.  H.,  being  sworn,  says  that  on  the  26th  day  of  May, 
1860,  he  served,  at  Bern,  in  said  county,  on  the  within  named  A.  B.,  the 
within  notice,  and  such  service  was  made  by  giving  to  and  leaving  with  the 
said  A.  B.  a  copy  of  the  same. 

H.  H. 

Sworn,  &c. 


N"o.   ro. 

affidavit  on  which  to  move  for  a  commission. 

(.Title.) 

Albany  County,  ss.  C.  D.,  being  sworn,  says  that  he.  is  the  plaintiff  (or 
defendant)  in  the  above  entitled  action,  and  that  M.  M.,  of  the  city  of  Syra- 
cuse, is  a  necessary  and  material  witness  for  this  deponent  in  this  action;  and 
thut  without  the  testimony  of  said  witness  he  cannot  safely  proceed  to  trial 
therein  ;  and  that  the  said  M.  M.  does  not  reside  within  this  county ,_  or  any 
county  adjoining  this  county,  but  resides  in  the  city  of  Syracuse,  and  out  of 
♦he  jurisdiction  of  this  court. 

^  C.  D. 

Sworn,  &c. 


No.  n. 

COMMISSION. 

Albany  County,  ss.  To  L.  L.,  Esq.,  of  the  city  of  Syracuse.  It  appearing 
JO  me,  a  Justice  of  the  Peace  of  the  town  of  Bern,  in  the  county  of  Albany, 
that  M.  M.,  of  Syracuse,  is  a  material  witness  in  an  action  now  pending  before 
me,  between  A.  B.,  plaintiff,  and  C.  D.,  defendant:  Now,  therefore,_in  pursu- 
ance of  the  statute  in  such  case  made  and  provided,  I  hereby  appoint  you  a 
Commissioner  to  examine  the  said  ]\I.  M.  as  a  witness,  on  the  interrogatories 
nereunto  annexed,  on  oath  to  be  taken  before  you ;  and  you  are  directed  to 
43 


338  THE  CLERK'S  ASSISTANT. 

cause  such  examination  to  be  reduced  to  writing,  and  signed  by  such  witness 
and- yourself,  and  return  the  same,  annexed  hereto,  to  me,  inclosed  under 
your  seal. 

Witness  my  hand  at  the  town  of  Bern,  June  2,  1860. 

J.  E.,  Justice  of  the  Peace. 


No.  72. 
INTERROGATORIES   ANNEXED   TO    COMMISSION. 

Interrogatories  to  be  administered  to  M.  M.,  a  witness  to  be  prod'iied, 
sworn  and  examined,  on  the  part  of  the  plaintiff,  a  defendant  in  the  action 
mentioned  in  the  annexed  commission. 

First.  Do  you  know  the  parties,  plamtiff  or  defendant,  nauied  in  the  annexed 
commission,  or  either  and  which  of  them. 

(Add  specific  interrogatories,  and  then  as  follows :) 

Lastly.  Do  you  know  any  other  matter  or  thing  touching  the  matters  in 
question,  that  may  tend  to  the  benefit  or  advantage  of  the  plaintiff  (or  defend- 
ant) ?  If  yea,  declare,  fully  and  at  large,  as  if  you  had  been  fully  interrogated 
thereto. 


TsTo.    73. 

CROSS-INTERROGATORIES. 


Interrogatories  to  be  administered  to  the  said  M.  M.,  by  way  of  cross-exa 
mination. 

(Add  questions,  concluding  with  the  same  question  as  in  the  direct  interro- 
gation.) 


?5"o.    74. 

APPROVAL  OF  JUSTICE  INDORSED  ON  INTERROGATORIES. 

The  witnm  interrogatories  are  severally  approved  by  me. 

J.  E..  Justice. 
Bern,  June  2,  I860. 


No.    75. 

tOMMISSIONER's   SUMMONS    FOR   A   WITNESS. 

Onondaga  County,  City  of  Syracuse,  ss.  The  undersigned,  having  received 
a  commission,  issued  by  J.  E.,  Justice  of  the  Peace  of  the  County  of  Albany, 
directed  to  me,  for  the  examination  of  M.  M.,  a  witness  in  an  action  now 
pending  before  said  Justice,  in  which  A.  B.  is  plaintiff  and  C.  D.  is  defendant, 
you  the  said  M.  M.  are  hereby  required  to  be  and  appear  before  me,  at  iny 
ofiBce,  No.  10  Salt  street,  on  the  5th  day  of  June,  instant,  at  9  o'clock  in  the 
forenoon,  then  and  there  to  be  examined,  and  to  testify  the  truth,  according 
to  the  best  of  your  knowledge,  on  behalf  of  said  defendant  {or  said  plaintiff), 

and  hereof  fail  not. 

L.  L.,    Commisaioner 

Syracuse,  June  2,  1860. 


JUSTICES'  COURTS.  339 

isTo.  ro. 

OATH    OF    WITNESS    BY    COMMISSIONER. 

You  swear,  in  the  presence  of  the  ever-hving  God,  tha'.  the  answers  to  bo 
given  by  you  to  the  interrogatories  and  cross-interrogatories  to  be  propounded 
by  me  to  you,  in  an  action  now  pending  before  J.  K,  Justice  of  the  Peace, 
between  A.  B.,  plaintiii",  and  C.  D.,  defendant,  shall  be  the  truth,  the  whole 
truth  and  nothing:  but  the  truth. 


No.    77. 

CAPTION   OF   DEPOSITION. 

Deposition  of  M.  M.,  a  witness  produced  on  the  part  of  the  within  named 
plaintiff  (or  defendant),  sworn  and  examined  before  me  at  my  office,  in  the 
city  of  Syracuse  on  the  2d  day  of  June,  18C0,  by  virtue  of  a  commission 
issued  by  J.  R.,  a  Justice  of  the"^Peace  of  the  county  of  Albany,  in  an  action 
pending  before  said  Justice,  in  which  A.  B.  is  plaintiff,  and  C.  D.  is  defendant, 
and  directed  to  me  L.  L.  of  Syracuse,  for  the  examination  of  said  M.  M.,  a 
witness  in  said  action. 

The  said  M.  M.,  being  duly  sworn,  deposes  and  says  as  follows : 

To  the  first  interrogatory  the  witness  M.  il.,  deposes  and  says:  (insert 
answer.) 

Add  answers  to  all  the  interrogatories  and  let  them  be  signed  as  follows : 

M.  M. 

Subscribed  and  sworn  this  2d  day  ) 
of  June,  1860,  before  me,         ) 

L.  L.,   Commissioner. 


ISTo.  V&. 

affidavit  on  claim  of  delivery  of  personal  property. 

Albany  Justices'  Court. 


A.  B. 

agt.  > 

C.  D.  ) 

Before  J.  R.,  Justice. 

County  of  Albany,  ss.  A.  B.,  the  plaintiflf  in  this  action,  being  duly  sworn, 
says  that  he  is  the  owner  of  the  following  personal  property  claimed  in  this 
action,  that  is  to  say  :  fifteen  Merino  sheep,  valued  at  $3  each.  That  the  said 
property  is  wrongfully  detained  from  the  plaintiff  by  C.  D._,  the  defendant 
hen.'in.  •  That  the  alleged  cause  of  the  detention  thereof,  according  to  this  depo- 
nent's best  knowledge,  information  and  belief,  is  as  follows:  that  the  said 
C.  D.  claims -to  own  said  sheep  alleging  that  he  bought  them  of  some  person 
to  this  deponent  unknown  ;  that  the  said  property  has  not  been  taken  for  a 
lex,  assessment  or  fine,  pursuant  to  a  statute,  or  seized  under  an  execution  or 
attachment  against  the  property  of  the  jilaintiff  and  that  the  actual  value  of 
said  property,  according  to  the  best  knowledge  and  belief  of  this  deponent,  is 
$45. 

Sworn,  &c.  A.  B. 


340  THE  CLERK'S  ASSISTANT. 

I^o.    79. 

INDORSEMENT   ON   THE   AFFIDAVIT   BY   THE   JUSTICE. 

To  auy  of  the  constables  of  Albany  county :  You  are  hereby  required  to 
take  from  the  defendant  the  property  mentioned  in  the  within  affidavit,  and 
deliver  it  to  the  plaintiff. 

J.  R.,  Justice. 

Bern,  June  2,  1860. 


No.    SO. 

UNDERTAKING   ON   CLAIM   OF    DELIVERY   OF   PERSONAL   PROPERTY. 

Title.) 

Whereas,  the  above  named  plaintiff  has  commenced  {or  is  about  to  com- 
mence) an  action  against  the  above  named  defendant  for  the  recovery  of  cer- 
tain personal  property  mentioned  and  described  in  the  affidavit  of  A.  B.,  made 
for  such  purpose. 

Now  therefore,  we  A.  B.,  of  Bern,  Albany  county,  and  M.  N.,  of  the  same 
place,,  do  acknowledge  ourselves  bound  in  the  sum  of  $90  for  the  prosecution 
of  the  said  action ;  for  a  return  of  the  said  property  to  the  defendant  if  return 
thereof  be  adjudged;  and  for  the  payment  to  the  defendant  of  such  sum  as 
may  for  any  cause  be  recovered  against  the  plaintiff  in  this  action. 

M.  N. 

Bern,  Albany  County,  June  2,  1860. 


No.  81. 

ACKNOWLEDGMENT    INDORSED. 

Albany  County,  ss.  I  certify  that  on  this  2d  day  of  June,  1860,  before  me 
came  A.  B.,  and  M.  N.,  to  me  personally  known  to  be  the  persons  described 
in  and  who  executed  the  foregoing  undertaking,  and  severally  acknowledged 
the  execution  thereof 

J.  R.,  Justice  of  the  Peace. 


No.    83. 


QUALIFICATION   OF    SURETY  INDORSED. 

Albany  County,  ss.  M.  N.,  being  duly  sworn  by  me,  deposeth  and  says; 
he  is  a  freeholder,  residing  in  Bern,  Albany  county,  and  is  worth  $90,  over 
and  above  all  debts  and  responsibilities  he  owes  or  has  incurred. 


M.  N. 


Sworn  to  before  me,  the  2d  ) 
day  of  June,  1860,  ) 

J.  R.,  Justice  of  the  Peace. 


JUSTICES'  COURTS.  341 

No.   83. 

undertaking  of  defendant  to  return  the  property. 
Albany — Justices'  Court. 


A.  B. 
agt. 
C.  D. 


Before  J.  R.,  Justice. 

Whereas,  the  above  named  defendant  has  required  {or  is  a)boutto  require) 
the  return  to  him  of  the  personal  property,  taken  by  Gr.  H.,  one  of  the  Con- 
stables of  said  county,  to  wit,  15  JVIerino  sheep,  being  certain  personal  pro- 
perty mentioned  and  described  in  the  affidavit  of  A..  B.,  made  in  this  action  : 
Now,  therefore,  we,  C.  D.,  of  the  town  of  Bern  and  county  of  Albany,  and 
P.  P.,  of  the  same  place,  do  acknowledge  ourselves  bound  in  the  sum  of  $90 
for  the  delivery  of  the  said  property  to  the  plaintiff,  if  dehvery  thereof  be  ad- 
judged, and  for  the  payment  to  the  plaintiff  of  such  sum  as  may  for  any  cause 
be  recovered  against  the  defendant  in  this  action. 

C.  D. 
P.  P. 

Bern,  June  2,  1860. 


N"o.    84. 

excepting  to  the  sureties. 

Title.) 

Take  notice,  that  the  defendant  herein  excepts  to  the  surety  of  the  plain 
tiff  in  the  above  mentioned  action. 

Yours,  &c., 

C.  D.,  Defendant 
To  A.  B.,  Esq.,  Plaintiff. 

Bern,  June  2,  1860. 


ISTo.    85. 
OATH   TO    BE   ADMINISTERED   TO   THE   SURETY. 

You  solemnly  swear,  in  the  presence  of  the  ever-living  God,  that  you  will 
true  answer  make  to  the  questions  which  shall  be  put  to  you,  touching  your 
quaUfication  as  a  surety  on  a  bond  given  by  the  plaintiff  {or  defendant),  in  an 
action  in  which  A.  B.  is  plaintiff,  and  C.  D.  is  defendant. 


No.  86. 

RETURN   OF   CONSTABLE. 


I  have  taken  the  property  desci'bed  in  the  within  affidavit,  and  have  the 
same  now  in  my  custody. 

G.  n.,  Constable. 
June  4,  1860. 


342  THE  CLERK'S  ASSISTANT. 

isTo.  sr. 

SUMMONS    IN    REPLEVIN,    OR   FOR   DELIVERY    OF    PERSONAL    PROPERTY. 

Town  of  Bern,  Albany  County,  ss.  To  any  Constable  of  said  county,  Greet- 
ing :  The  People  of  the  State  of  New  York  command  you  to  summon  C. 
D.,  defendant,  to  appear  before  me,  the  undersigned,  one  of  the  Justices  of 
the  Peace  of  the  town  aforesaid,  at  my  office,  in  the  said  town,  on  the 
12th  day  of  June,  1860,  at  10  o'clock  in  the  forenoon,  to  answer  A.  B., 
plaintiff,  in  a  civil  action  to  his  damage,  $100,  or  under;  and  if  said 
C.  D.  shall  fail  to  appear  on  the  return  day  of  this  summons,  the  said  A. 
B.,  plaintiif,  will  have  judgment  for  the  possession  of  the  property  described 
in  the  affidavit  herewith  served,  with  his  costs  and  disbursements  in  this 
action.     And  have  you  then  there  this  precept. 

Witness  my  hand  the  2d  day  of  June,  18G0. 

J.  R.,  Justice  of  the  Peace. 


liTo.   88. 

COMPLAINT   FOR   DELIVERY    OF   PERSONAL   PROPERTY. 

(  Title.) 

The  plaintiff  complains  of  the  defendant,  and  says  the  said  defendant,  some 
time  in  the  month  of  March,  1860,  wrongfully  and  unjustly  took  from  the 
custody  and  possession  of  tliis  plaintiff,  9  barrels  of  flour,  said  flour  being  at  that 
time,  and  still  is,  the  property  of  this  plaintiff,  and  he  alone  was  at  that  time, 
and  still  is,  entitled  to  the  possession  thereof;  and  notwithstanding  said  plain- 
tiff has  demanded  possession  thereof  from  the  said  defendant,  yet  the  said  de- 
fendant wrongfully  and  unjustly  retains  possession  of  the  same,  and  refuses  to 
deliver  the  same  or  any  part  thereof:  Wherefore,  the  plaintiff  demands 
judgment  for  the  return  to  him  of  the  said  goods,  and  for  the  sum  of  §60 
damages  and  costs  of  this  action. 

A.  B.,  Plaintiff. 


No.  89. 

transcript  of  judgment  on  contract. 

Albany  County — Justices'  Court. 

A.  B.  ) 

agt.  V 

C.  D.  \ 

Before  J.  R.,  Justice. 

Judgment  in  this  action  was  rendered  for  the  plaintiff,  and  against  the  de- 
fendant, June  4,  1860. 

Recovery, |27  29 

Costs, 191 

$29  20 
Transcript  fee, 25 

I  hereby  certify  the  foregoing  is  a  true  transcript  from  my  docket  of  a 
judgment  rendered  by  me. 

J.  R.,  Justice  of  the  Peace. 
Bern,  June  4,  1860. 


JUSTICES'  COURTS.  343 

>ro.  90. 

TRANSCRIPT   IN   AN   ACTION   FOR   WRONGS. 

(Title.) 

Judgment  for  the  plaintiff  in  an  action  of  trespass  for  taking  the  plaintiff's 
goods,  or  in  an  action  of  trover  for  a  horse,  or  in  an  action  on  the  case  for  de- 
ceit in  the  sale  of  a  horse,  rendered  by  me,  for 

Damages, $45  28 

Costs  thereon 2  02 


$47  30 
Entered  the  4th  day  of  June,  1860. 

I  certify  the  above  to  be  a  true  transcript  from  my  docket  of  a  judgment 
rendered  by  me. 

J.  E.,  Justice  of  the  Peace. 


No.    91. 

EXECUTION. 

Albany  County,  Town  of  Bern,  ss.  The  People  of  the  State  of  New  York 
to  any  Constable  in  said  county :  Whereas,  judgment  has  been  rendered  be- 
fore me,  the  undersigned,  against  C.  D.,  defendant,  in  favor  of  A.  B.,  plaintiff, 
for  $45.28  damages,  and  $2.02  costs.  These  are  therefore  to  command 
you  forthwith  to  levy  of  the  goods  and  chattels  of  the  said  C.  D.  (except  such 
as  are  exempt  by  law)  the  amount  of  the  said  judgment,  with  interest  from 
the  4th  day  of  June,  1860,  on  which  day  judgment  was  rendered,  till  re- 
ceived, and  bring  the  money  before  me  within  sixty  days,  to  render  to  the 
said  A.  B.  for  his  damages  and  costs.*  And  make  return  in  sixty  days  from 
the  date  hereof,  according  to  law. 

Damages, $45  28 

Costs, 2  02 

Judgment, ^47  30 

J.  R.,  Justice  of  the  Peace. 
Dated  at  the  said  town  the  4th  day  of  June,  1860. 


N-o.    93. 

EXECUTION    AGAINST    THE    BODY. 

{As  in  the  last  No.  to  the  *  and  then  as  follows :) 

And  for  want  of  goods  and  chattels  whereon  to  levy,  you  are  commanded 
to  take  the  body  of  the  said  C.  D.  and  convey  him  to  the  common  jail  of  the 
said  county,  the  keeper  whereof  is  hereby  commanded  to  receive  the  said  C. 
D.  and  him  safely  keep  until  duly  discharged  according  to  law. 

Damages, $45  28 

Costs, 2  02 

Judgment, $47  30 

J.  R.,  Justice  of  the  Peace. 
Dated  at  the  said  town  the  4th  day  of  June,  1860. 


344  THE  CLERK'S  ASSISTANT. 

No.    93, 

INDORSEMENT  ON  EXECUTION  AGAINST  JOINT  DEBTORS  NOT  ALL  SERVED  WITH 

PROCESS. 

Collect  the  within  from  the  joint  personal  property  of  the  defendants,  and 
the  sole  property  of  the  within  named  John  Smith  (the  person  served  with 
process). 

J.  R.,  Justice  of  the  Peace. 


No.    94 

RENEWAL  OF  -THE  EXECUTION  FOR  WHOLE  AMOUNT  TO  BE  INDORSED  ON  THE 

EXECUTION. 

The  within  execution  is  renewed  this  2d  day  of  June,  18G0. 

J.  R.,  Justice  of  the  Peac^. 


No.    95. 

RENEWAL  OF  THE  EXECUTION  FOR  PART  TO  BE  INDORSED  THEREON. 

The  Avithin  execution  is  renewed  for  ^10  with  interest,  from  this  date. 

J.  R.,  Justice  of  the  Peace. 
Dated  the  4th  day  of  June,  1860. 


No.    96. 

INDORSEMENT  BY  CONSTABLE  ON  THE  EXECUTION  OF  A  LEVY. 

By  virtue  of  the  within  execution,  I  have  levied  on  one  bay  horse,  &c. 

H.  M.,    Constable. 
Dated  the  4th  day  of  June,  1860. 


No.    97. 

ADVERTISEMENT  OF  SALE  BY  A  CONSTABLE. 

By  virtue  of  an  {or  several)  execution  against  D.  C,  I  have  levied  on  one 
bay  horse,  &c.  (specifying  and  describing  the  goods),  which  I  shall  expose  for 
sale  at  public  vendue,  on  the  10th  day  of  June,  1860,  at  10  o'clock  in  the  fore- 
noon, at  the  house  of  J.  B.  in  the  town  of  Bern. 

H.  M.,   Constable. 

Dated  the  2d  day  of  June,  1860. 


No.    98. 

constable's   RETURNS   ON   EXECUTIONS. 

I  have  levied  the  debt  {or  damages)  and  costs.      Or, 

For  want  of  goods  and  chattels,  I  have  taken  the  defendant,  and  commit- 
ted him  to  jail.      Or, 

I  have  levied  ^10  on  the  within  execution,  and  for  want  of  further  goods 
and  chattels,  I  have  taken  the  defendant,  and  committed  him  to  jail.     Or 

No  property  or  body  to  be  found.     Or, 


JUSTICES'  COTJRTS.  345 

I  have  levied  ^10,  and  no  more  property  or  the  body  to  be  found.     Or, 
I  have  levied  on  one  bay  horse,  which  remains  unsold  for  want  of  bidders. 

H.  M.,   Constable. 


T^o.    99. 

AFFIDAVIT   TO    OBTAIN   DISCHARGE   FROM  JAIL  OF  A  PERSON  HAVING  A  FAMILT. 

(Title.) 

C.  D.,  the  above  defendant,  being  duly  sworn,  says  that  he  has  a  fardily  in 
this  State  for  which  he  provides,  that  he  is  not  a  freeholder  and  he  has  re- 
mained in  prison  30  days  under  and  by  virtue  of  an  execution  in  the  above 
entitled  action. 

0.  D. 

Sworn,  &c. 


No.    lOO. 

AFFIDAVIT    TO    OBTAIN     DISCHARGE     FROM     JAIL    OF    A     PERSON     NOT      HAVING    A 

FAMILY. 

(Title.) 

C.  D.,  the  above  defendant,  being  duly  sworn,  says  that  he  has  not  any 
family  in  this  State,  and  that  he  is  not  a  freeholder,  and  he  has  remained  in 
jail  in  the  city  of  Albany  sixty  days,  being  placed  and  detained  therein  by 
virtue  of  an  execution  in  the  above  entitled  action. 

0.  D. 
•  Sworn,  &c. 


No.   lOl. 

REMOVAL   OF   CONSTABLE    UPON   COMPLAINT   FOR   NOT    PAYING     OVER    MONEY     COL- 
LECTED  BY   HIM. 

County  of  Albany,  Toivn  of  Bern,  ss.  Whereas,  on  the  30th  day  of  May, 
1860,  a  complaint  w^as  duly  made  to  us,  the  undersigned,  three  of  the  Justices 
of  the  Peace  of  said  town,  by  A.  B.  against  0.  D.,  a  Constable  of  said  town, 
for  that  an  execution  for  ^30  damages  and  ^2  costs,  in  favor  of  the  said  John 
Doe,  plaintiff,  w^is  duly  issued  on  the  20th  day  of  February,  18G0,  by  J.  R., 
one  of  the  Justices  of  the  Peace  of  said  town,  against  John  Smith,  defendant, 
and  delivered  to  the  said  C.  D..  Constable  as  aforesaid ;  and  that  the  said  C. 
D.  hath  collected  all  the  money,  amounting  to  $30  due  thereon ;  and  a  reco- 
very for  the  said  money  so  collected  was,  on  the  20th  day  of  May,  18G0,  had 
before  the  said  J.  R.,  Esq.,  Justice  of  the  Peace  as  aforesaid,  against  L.  M.  and 
N.  0.,  the  sureties  of  the  said  Constable.  Whereupon,  we  having  duly  sum- 
moned the  said  C.  D.  to  appear  before  us  tliis  day  at  the  office  of  J.  R.,  in  the 
town  of  Bern,  to  show  cause  why  he  should  not  be  removed  from  his  said 
office  as  Constable;  and  the  said  complaint  having  been  established  to  the  sat- 
isfaction of  said  Justices,  after  hearing  the  parties  {or  after  the  refusal  or  neg- 
lect of  the  said  Constable  to  appear  upon  such  summons).  Now,  therefore,  by 
virtue  of  the  statute  in  such  case  made  and  provided,  and  because  the  said  C 
D.  has  neglected  and  refused  to  pay  over  the  moneys  collected  by  him  as  stated 
44 


846  THE  CLERK'S  ASSISTANT. 

in  the  said  complaint,  and  a  recovery  therefor  hath  been  lind  against  his  sure- 
ties, we  do  hereby  remove  the  said  C.  D.  from  the  said  office  of  Constable 

Given  under  our  hands,  tliis, . .  .day  of . . .  .,  in  the  year 

J.  R, 

P.  v., 

J.  c, 

Justices  of  the  Peace. 

TSci.  loa. 

WARRANT    AGAINST    OFFENDER    IN    CASE    OF    CRIMINAL    CONTEMPT. 

CoUnty  of  Albany^  Town  of  Bern,  ss.  To  any  Constable  of  the  county  of 
Albany,  Greeting :  In  the  name  of  the  People  of  the  State  of  New  York, 
you  are  hereby  commanded  to  apprehend  C.  D.  and  to  bring  him  before  me, 
at  my  office  in  the  town  of  Bern,  in  said  county,  to  show  cause  why  he  should 
not  be  convicted  of  a  criminal  contempt,  alleged  to  have  been  committed  on 
the  25th  day  of  May,  18G0,  before  me,  while  engaged  as  a  Justice  of  the 
Peace  in  certain  judicial  proceedings. 

Given  under  my  hand  this  5th  day  of  June,  in  the  year  1860. 

J.  R.,  Justice  of  the  Peace. 


ISO.    103. 

RECOPD    OF    THE    CONVICTION    OF    AN    OFFENDER    FOR    A    CRIMINAL    CONTEMPT 

County  of  Albany,  ss.  Whereas,  on  the  20th  day  of  May,  1860,  while  the 
undersigned,  J.  R.,  one  of  the  Justices  of  the  Peace  of  the  town  of  Bern,  in 
said  county,  was  engaged  in  the  trial  of  a  cause  between  A.  B.,  plaintiff,  and 
J.  S.,  defendant,  in  said  town,  according  to  the  statute  in  sucli  case  made  and 
provided,  C.  D.,  of  the  town  of  Bern,  in  said  county,  did  contemptuously  and 
nsolently  interrupt  the  undersigned  by  making  a  great  noise  and  disturbance, 
tending  to  impair  the  respect  due  to  his  authority,  and  by  refusing  to  keep 
silence  when  duly  ordered  to  do  so  by  the  undersigned  Justice,  while  engaged 
in  such  judicial  proceedings,  and  by  insolently  and  contemptuously  declaring 
aloud  to  the  undersigned  Justice  while  so  engaged,  that  the  said  defendant,  J 
S.,  could  not  have  justice  in  a  court  held  by  the  undersigned;  and  the  said  C 
D.  was  thereupon  required  to  answer  for  the  said  contempt,  and  show  cause 
why  he  should  not  be  convicted  thereof  (or  the  said  C.  D.  having  been  brought 
before  me,  and  required  to  answer  for  the  said  contempt,  and  show  cause  why 
he  should  not  be  convicted  thereof) ;  and  the  said  C.  D.  not  having  shown 
any  such  cause,  or  made  ai-y  defense  against  the  said  charge.  * 

Be  it  therefore  remembered,  that  the  said  C.  D.,  is  adjudged  to  be  guilty, 
and  is  convicted  of  the  criminal  contempt  aforesaid  before  the  undersigned, 
and  adjudged  by  the  undersigned  to  pay  a  fine  of  $25,  and  be  imprisoned  in 
the  common  jail  of  said  county  for  the  term  of  five  days,  and  until  such  fine 
be  paid,  or  he  be  discharged  from  imprisonment  according  to  law. 

Dated  the  5th  day  of  June,  in  the  year  1860. 

J.  R.,  Justice  of  the  Peace. 


No.    1  04, 


COMMITMENT    FOR    A    CONTEMPT. 

County  of  Albany,  Toivn  of  Bern,  ss.  The  People,  f  the  State  of  New 
York,  to  any  Constalale  of  said  county,  and  to  the  keeper  of  the  common  jail 
of  said  county,  Greeting:  Whereas,  &c.  (reciting  the  record  of  conviction, 
down  to  the  *  then  proceed  as  follows) :  And  whereas  the  said  C.  D.,  waa 


JUSTICES'  COURTS.  347 

thereupon  adjudged  to  be  guilty,  and  was  convicted  by  the  undersigned  of  the 
criminal  contempt  aforesaid,  and  was  adjudged  to  pay  a  fine  of  $25,  and  be 
imprisoned  in  the  common  jail  of  said  county  for  the  term  of  five  days,  and 
until  such  fine  be  paid,  or  he  be  discharged  from  imprisonment  according  to  law. 

Therefore  you,  the  said  Constable,  are  hereby  commanded  to  take,  convey, 
and  deUver  the  said  C.  D.,  into  the  custody  of  the  said  keeper  of  the  said  jail; 
and  you  the  said  keeper  are  hereby  required  to  receive  the  said  C.  D.  into 
your  custody  in  the  said  jail,  and  him  there  safely  keep,  during  the  said  term 
of  five  days,  and  until  he  pay  the  said  fine,  or  be  duly  discharged  according 
to  law.     Hereof  fail  you  not. 

Dated  the  5th  day  of  June,  in  the  year  18G0. 

J.  R.,  Justice  of  the  Peace. 


ISo.    XOJ5. 

COMMITMENT    OF   A   WITNESS    FOR    REFUSING    TO    BE    SWORN    OR   TO    TESTIFY. 

Town  of  Bern,  County  of  Albany,  ss.  J.  R.,  a  Justice  of  the  Peace  of  said 
county,  to  any  Constable  of  said  county,  and  to  the  keeper  of  the  common 
jail  of  said  county,  Geeting :  Whereas  on  the  trial  of  a  cause  before  me,  the 
said  Justice,  this  day,  between  A.  B.,  plaintiff,  and  J.  S.,  defendant,  G.  H., 
being  called  as  a  witness  on  the  part  of  the  said  plaintiif  (or  defendant),  and 
being  present,  refused  to  be  sworn,  as  such  witness,  in  any  form  pjrescribed  by 
law.     (Or, 

G.  H.  was  called  and  sworn  as  a  witness  on  the  part  of  the  said  plaintiff, 
and  on  his  examination  as  such  witness,  the  said  G.  H.  was  asked,  by  the  said 
plaintiff'  the  pertinent  and  proper  question,  "Whether  he  was  acquainted  with 
the  handwriting  of  J.  S.  ?"  to  which  question  the  said  G.  H.  refused  to  make 
any  answer.) 

And  the  said  A.  B.  having  made  oath  before  me,  that  the  testimony  of  the 
said  G.  H.  was  so  far  material,  that  without  it  he  could  not  safely  proceed  in 
the  trial  of  the  said  cause : 

NoAv,  therefore,  you,  the  said  Constable,  are  hereby  commanded  forthwith 
to  convey  and  deliver  the  said  G.  H.  into  the  custody  of  the  said  keeper  of 
the  said  jail,  and  you  the  said  keeper  are  hereby  required  to  receive  the  said 
G.  H.  into  your  custody  in  the  said  jail,  and  him  there  safely  keep,  until  he 
shall  submit  to  be  sworn  as  such  witness  as  aforesaid  and  shall  be  discharged 
by  due  course,  of  law  {or  until  he  shall  submit  to  answer  the  said  question  so 
put  to  him  by  the  said  A.  B.,  and  be  discharged  in  due  course  of  law).  Hereof 
fail  you  not. 

Given  under  my  hand  the  5th  daj^  of  June,  18C0. 

J.  R.,  Justice  of  the  Peace. 


IVo.    X06. 

COMPLAINT    TO    OBTAIN    A    PEACE    WARRANT. 

County  of  Albany,  ss.  A.  B.  being  duly  sworn,  complains  on  oath  to  J.  R., 
one  of  the  Justices  of  the  Peace  of  said  co\inty,  that  C.  D.  did,  on  the  1st  day 
of  June,  instant,  threaten  to  beat  and  break  the  head  of  this  complainant  {or 
other  threat  to  commit  any  offense  against  the  person  or  property  of  the  com- 
plainant, or  of  any  other  person). 

And  the  said  complainant  says,  that  he  has  reason  to  fear,  and  does  fear, 
that  the  said  C.  D.  will  commit  tiie  ofl'ense  so  threatened,  and  he  prays  that 
•Jie  said  C.  D.  may  be  required  to  find  sureties  to  keep  the  peace. 

Subscribed  and  sworn,  the  5th  day  /  A.  B. 

of  June,  1860,  before  me,  ) 

J.  R.,  Justice  of  the  Peace. 


348  THE  CLERK'S  ASSISTANT. 

isTo.  lor. 

EXAjnNATION     OF   THE    COMPLAINANT     AND    HIS    WITNESSES    ON   APPLICATION    FOR    A 

PEACE    WARRANT. 

County  of  Albany,  ss.  The  examination  of  A.  B.  and  0.  P.,  on  oath,  upon  the 
complaint  and  application  of  the  said  A.  B.,  against  C.  D.,  before  me,  for 
surety  to  keep  the  peace. 

The  said  A.  B.  being  sworn,  saith  (state  the  evidence  given  by  A.  B.,  and 
it  must  be  signed). 

A.  B. 
The  said  0.  P.,  being  sworn,  saith  (state  the  evidence  as  before). 
Taken,  subscribed,  and  sworn,  this  5th  day  of) 
June,  in  the  year  ISGO,  before  me,  \ 

J.  R.,  Justice  of  the  Peace. 


N"o.    lOS. 


County  of  Albany,  ss.  To  any  constable  of  said  county,  Greeting  :  Whereas 
A.  B.  has  this  day  complained  in  writing  to  me  a  Justice  of  the  Peace  of  said 
county,  on.oath^  that  C.  D.  did,  on  the  1st  day  of  June,  instant,  threaten  to 
beat  and  break  the  head  of  the  said  A.  B.  (reciting  the  complaint,  whatever 
it  may  be),  and  prayed  that  the  said  C.  D.  might  be  required  to  find  sureties 
to  keep  the  peace. 

And  whereas  it  appears  to  me  upon  the  examination  of  the  said  A.  B.  (and 
of  0.  P.),  duly  made  on  oath,  and  reduced  to  writing  and  subscribed,  that  there 
is  just  reason  to  fear  the  commission  of  the  said  offense  by  the  said  C.  D. 

You  are  therefore  commanded,  in  the  name  of  the  People  of  the  State  of 
New  York,  forthwith  to  apprehend  the  said  C.  D.,  and  to  bring  him  before  me, 
to  be  dealt  with  according  to  law. 

Given  under  my  hand  and  seal  at  Bern,  in  the  said  county,  the  5th  day  of 
June,  1860. 

J.  R,  Justice  of  the  Peace. 


No.    109. 

RECOGNIZANCE  TO  APPEAR  AT  THE  NEXT  COURT  OF  SESSIONS,  FOR  ALBANY.  AND 

KEEP  THE  PEACE. 

County  of  Albany,  Town  of  Bern,  ss.  Be  it  remembered,  that  on  the  5th 
day  of  June,  1860,  before  me,  J.  R.,  one  of  the  Justices  of  the  Peace  of  said 
county,  personally  appeared  C.  D.  and  E.  P.,  of  the  town  of  Bern,  in  said 
county,  and  severally  acknowledged  themselves  to  be  indebted  to  the  People 
of  the  State  of  New  York  in  the  sum  of  §200,  lawful  money  of  the  United 
States. 

The  condition  of  this  recognizance  is  such,  that  if  the  said  C.  D.  shall 
appear  at  the  next  Court  of  Sessions,  to  be  held  in  and  for  the  said  county, 
and  not  depart  the  same  without  leave,  and  shall  in  the  meanwhile  keep  the 
peace  towards  the  said  people,  and  particularly  towards  A.  B.,  of  the  town  of 
Bern  aforesaid,  then  this  recognizance  shall  be  void,  otherwise  in  full  force. 

C.  D. 
E.  P. 
Taken,  subscribed,  and  acknowledged  before  me,  ) 
,ne  day  and  year  first  above  written,  \ 

J.  E.,  Justice  of  the  Peace. 


JUSTICES'  COURTS.  349 

ISTo.    no. 
WARRANT  OF  COMMITMENT  TO  JAIL,  FOR  NOT  FINDING  SURETIES  TO  KEEP  THE  PEACE. 

County  of  Albany^  ss.  To  any  Constable  of  said  county,  Greeting : 
Wliereas,  A.  B.  this  day  complained  to  me  a  Justice  of  the  Peace  for  said 
county,  in  writing,  on  oath,  that  C.  D.  did,  on  the  1st  day  of  June  instant, 
threaten  to  beat  and  break  the  head  of  the  said  A.  B.  (reciting  the  complaint, 
whatever  it  may  be,  as  in  the  warrant). 

And  whereas  it  appeared  to  me,  upon  the  examination  of  the  said  A.  B. 
(and  0.  P.),  duly  made  on  oath,  and  reduced  to  writing,  and  subscribed,  that 
there  was  just  reason  to  fear  the  commission  of  the  said  olfense  by  the  said  C.  D. 

And  the  said  C.  D.,  on  being  brought  before  me  by  my  warrant,  was  re- 
quired to  enter  into  a  recognizance  in  ^100,  with  sufficient  surety,  to  appear 
at  the  next  Court  of  General  Sessions,  to  be  held  in  said  county,  and  not  to 
depart  the  same  without  leave,  and  in  the  meanwhile  to  keep  the  peace 
to\\'ards  the  People  of  the  State  of  New  York,  and  particularly  towards  the 
said  A.  B. 

And  the  said  0.  D.  having  refused  to  find  such  security,  you  are  therefore 
commanded,  in  the  name  of  the  People  of  the  State  of  New  York,  forthwith 
to  convey  the  said  C.  D.  to  the  common  jail  of  the  said  county,  and  to  deliver 
him  to  the  keeper  thereof,  who  is  hereby  required  to  receive  the  said  A.  B. 
into  his  custody  in  the  said  jail,  and  to  keep  him  safely  there  until  lie  shall 
find  such  security,  or  be  thence  discharged  by  due  course  of  law. 

Given  under  my  hand,  the  5th  day  of  June,  in  the  year  1860. 

J.  R.,  tTustice  of  the  Peace. 


ISTo.   111. 

WARRANT   TO   COMMIT   FOR   THREATS,    OR   AN   AFFRAY,    MADE    IN   THE   PRESENCE   OF 

A   MAGISTRATE. 

County  of  Albany,  ss.     Whereas  C.  D.,  of  the  town  of ,  in  the  said 

county,  in  my  presence,  on  this day  of. . . .,  in  the  year. . . .,  did  unlaw- 
fully make  an,  affray  with  one  E.  P.,  or,  did  threaten  to  kill  (or  beat)  one  E. 
F.,  or,  did  contend  with  one  E.  F.  with  hot  and  angry  words,  and  I  did  there- 
upon require  the  said  C.  D.  to  enter  into  a  recognizance  in  the  sum  of  §300, 
with  one  or  more  sufficient  sureties,  conditioned  to  appear,  &c.  (As  in  the 
warrant  of  commitment,  No.  110,  to  the  conclusion  thereof.) 


No.    113. 

WARRANT   OF   TWO   JUSTICES,    TO   DISCHARGE   FROM   JAIL   A   PRISONER   FOB  NOT 
FINDING    SURETIES    OF    THE    PEACE. 

To  J.  W,,  Keeper  of  the  Jail  of  the  County  of  Albany  : 

C.  D.  having  found  and  given  the  security  to  keep  the  peace,  &c.,  required 
of  him  by  J.  C.,  Justice  of  the  Peace,  and  mentioned  in  his  warrant  dated  the 
20th  day  of  May  last,  by  which  the  said  C.  D.  Avas  committed  to  jail. 

You  are  hereby  directed  to  discharge  him  from  your  custody,  so  far  as  you 
hold  him  by  virtue  of  the  said  warrant  of  commitment,  and  to  sufier  him 


350  THE  CLERK'S  ASSISTANT. 

forthwith  to  go  at  large,  unless  he  be  detained  in  your  custody  for  some  other 
cause. 

In  witness  whereof,  the  undersigned,  two  Justices  of  the  said  county,  nave 
hereto  set  their  hands  this  5th  day  of  June,  in  the  year  1860. 

J.  R., 

J.  a, 

Justices  of  the  Peace. 


No.    113. 

COMPLAINT   AND    EXA3IINATI0N    BEf  ORK    THE    WARRANT    IS    ISSUED    FOB   GRAND 

LARCENY. 

County  of  Albany,  ss.  A.  B.,  of  the  town  of  Bern,  in  said  county,  being 
sworn  and  examined,  makes  complaint  and  says,  that  on  the  night  of  the  10th 
day  of  January  last,  at  the  town  of  Bern  aforesaid,  divers  goods  and  chattels, 
of  the  property  of  the  said  A.  B.,  to  wit,  one  bay  horse  of  the  value  of  ^100, 
and  one  saddle  of  the  value  of  $10,  were  feloniously  taken,  stolen,  led,  and 
carried  away  from  the  possession  of  the  said  A.  B. ;  that  he  hath  just  cause  to 
suspect  and  believe,  and  doth  suspect  and  believe,  that  C.  D.,  late  of  the  town 
of  Bern,  in  said  county,  stole  the  same. 

And  being  further  examined,  he  saith  (here  state  the  facts  which  give  rise 
to  the  suspicion). 

And  therefore,  and  from  other  circumstances,  the  said  A.  B.  suspects  and 
beUeves  that  the  said  C.  D.  is  guilty  of  the  said  offense,  and  prays  that  he 
may  be  apprehended  and  answer  therefor. 

A.  B, 

Taken  and  sworn  the  5th  day  ) 
of  June,  1860,  before  me,     \ 

J.  R.,  Justice  of  the  Peace. 

County  of  Albany,  ss.  E.  F.,  of  the  town  of  Bern,  in  said  county,  being 
sworn  and  examined  before  the  undersigned  Justice,  touching  the  complaint 
of  A.  B.,  of  Bern,  in  said  county,  against  C.  D.,  for  grand  larceny,  deposes 
and  says,  that,  &c.  (set  forth  the  evidence.) 

E.  F. 
Taken  and  sworn  the  5th  day  ) 
of  June,  1860,  before  me,     f 

J.  R.,  Justice  of  the  Peace. 


I^o.   114.  • 

WARRANT   FOR    GRAND    LARCENY. 

County  of  Albany,  ss.  The  People  of  the  State  of  New  York,  to  any  Con- 
stable of  said  county.  Greeting :  Whereas,  complaint  has  this  day  been  made 
by  A.  B.,  on  oath,  before  J.  R.,  Esquire,  one  of  the  Justices  of  the  Peace  of 
said  county,  that  divers  goods  and  chattels,  the  property  of  the  said  A.  B.,  to 
wit:  one  bay  horse  of  the  value  of  $100,  and  one  saddle  of  the  value  of  $10, 
were  lately  stolen,  taken  and  carried  away,  from  the  possession  of  the  said  A. 
B.,  at  the  town  of  Bern  aforesaid  ;  and  that  he  hath  just  cause  to  suspect,  and 
doth  suspect,  that  C.  D.,  late  of  the  town  of  Bern,  in  said  county,  stole  the 
game. 

And  the  said  J.  R.,  having  examined  the  cornplainant  (and  others,  witnesses 
produced  by  him,  if  any  others  be  examined),  and  it  appearing  therefrom  that 
the  said  offense  has  been  committed: 


JUSTICES'  COURT.  351 

You  are  theretore  commanded  to  take  the  said  C.  D.,  and  to  bring  him 
forthwith  before  the  said  J.  E.,  to  be  dealt  with  according  to  law. 

Witness  the  said  J.  K.  at  the  town  of  Bern,  in  said  county,  the  5th  day  of 
June,  1860. 

J.  R.,  Justice  of  the  Peace. 


]sro.   115. 

WARRANT   FOR   ASSAULT   AND   BATTERY. 

County  of  Albany,  ss.  The  People  of  the  State  of  New  York,  to  any  Con- 
stable of  said  county,  Greeting :  Whereas,  A.  B.,  of  Bern,  in  said  county,  has 
this  day  made  complaint  before  J.  R.,  Esquire,  one  of  the  Justices  of  the 
Peace  of  said  county,  that  on  the  4tli  day  of  June,  instant,  at  the  town  of 
Bern,  aforesaid,  C.  D.  violently  assaulted  and  beat  the  said  A.  B. : 

You  are  therefore  commanded  forthwith  to  take  the  said  C.  D.  and  to  bring 
him  before  the  said  Justice,  to  be  dealt  with  according  to  law. 

Witness  the  said  J.  R.,  at  the  town  of  Bern,  in  said  county,  the  5th  day  of 
June,  in  the  year  1860. 

J.  R.,         [l.  s.] 
Justice  of  the  Peace. 


No,    116. 

WARRANT    FOR   MCJRDER,    AGAINST    AN    OFFENDER    WHOSE    NAME    IS    UNKNOWN. 

County  of  Albany,  ss.  The  People  of  the  State  of  New  York,  to  the  Con- 
stables of  said  county,  or  any  one  of  them,  Greeting:  Whereas  A.  B.  hath 
this  day  made  complaint,  on  oath,  before  J.  C,  Esquire,  one  of  the  Justices  of 
the  Peace  of  said  county,  that  on  the  4th  day  of  June,  instant,  at  the  town 
of  Bern,  in  said  county,  one  E.  F.  was  feloniously,  willfully,  and  of  malice 
aforethought,  killed  and  murdered,  and  that  he,  the  said  A.  B.,  hath  just  cause 
to  suspect,  and  doth  suspect,  that  the  said  murder  was  committed  by  a  man 
who  was  lately  seen  by  G.  H.,  near  the  house  of  the  said  E.  F.,  deceased  (stat- 
ing, if  practicable,  some  such  fact  or  circumstance  by  which  the  person  taken 
may  be  known  to  be  the  person  intended),  whose  name  is  at  present  unknown 
to  the  said  A.  B.,  but  whose  person  is  well  known  and  can  be  identified. 

You  are  therefore  commanded  to  take  said  person,  whose  name  is  so 
unknown,  of  whom  you  shall  have  notice,  and  to  bring  him  forthwith  before 
the  said  Justice,  to  be  dealt  with  according  to  law. 

Witness  the  said  J.  C,  at  Bern  aforesaid,  the  5th  day  of  June,  1860. 

J.  C,        [u  S.J 

Justice  of  the  Peace. 


ISTo.    117. 

WARRANT    FOR    MURDER   AGAINST    AN    OFFENDER   WHOSE    NAME    IS    UNKNO'WN. 

Dutchess  County,  ss.  .The  People  of  the  State  of  New  York  to  any  Con- 
stable of  said  county :  Whereas,  A.  B.  hath  this  day  made  complaint  on  oath, 
before  J.  C,  Esquire,  a  Justice  of  the  Peace  of  said  county  (that  on  the .... 
day  of. . . .,  instant,  at  the  town  of . .  .  .,  in  said  county,  one  X.  Y.  was  feloni- 
ously, willfully,  and  of  malice  "aforethought,  killed  and  murdered,  and  that  he, 
the  said  A.  B.,  hath  just  cause  to  suspect,  and  doth  suspect,  that  E.  F.,  late 
of. . . .,  in  said  county,  laborer,  did  commit  the  said  murder). 


352  THE  CLERK'S  ASSISTANT. 

We  therefore  command  you  forthwith  to  take  the  said  E.  F.,  and  bring  him 
Defore  the  said  J.  C,  to  be  dealt  with  according  to  law. 

Witness,  the  said  J.  C,  Esquire,  at  the  town  of. . . ,,  in  said  county,  the. . . . 
day  of. . . . ,  iu  the  year .... 

J.  C,  Justice  of  the  Peace. 


No.    118. 

STATEMENTS    OF   OFFENSES    TO    BE    SUBSTITUTED   IN    THE   PLACE   OF   THE   WORDS  IN 
PARENTHESIS    IN    THE    PRECEDING   FORM. 

Another  Form  of  Warrant  for  Murder. 

That  on  the. . .  .day  of. . . .,  instant,  one  X.  Y.  was  found  dead,  and  that 
he,  the  said  A.  B.,  hath  just  cause  to  suspect,  and  doth  suspect,  that  the  said 
X.  Y.  was  on  the  said  day  feloniously,  willfully,  and  of  malice  aforethought, 
killed  and  murdered,  and  that  the  said  E.  F.  did  commit  the  said  murder. 


No.    119. 

FOR   MANSLAUGHTER. 


That  on  the . . .  .day  of. . . .,  in  the  town  of. . . .,  in  said  county,  E.  F.  of 
said  county,  cooper,  did  feloniously  and  willfully  strike  one  X.  Y.  with  an  ax, 
then  in  the  hand  of  the  said  E.  F.,  and  thereby  mortally  wounded  the  said 
X.  Y.,  whereof  he  on  that  day  died. 


No.    120. 

ANOTHER  FORM  OF  MANSLAUGHTER. 


(Commencing  as  in  No.  117.)    That  on  the ....  day  of ,  instant,  in  the  town 

of. . . .,  in  said  county,  one  X.  Y.  was  feloniously  and  willfully  killed,  and  that 
he,  the  said  A.  B.,  hath  just  cause  to  suspect,  and  doth  suspect,  that  the  said 
E.  F.  did  commit  the  said  felony. 


N"©.    131. 

FOR  A  RAPE. 


(Commencing  as  in  No.  117.)  That  on  the  ...day  of...  ,at  the  town 
of....,  in  said  county,  E.  F.  of,  &c.,  did  feloniously  and  forcibly  make  an 
assault  upon  the  body  of  X.  Y.,  and  her,  the  said  X.  Y.,  against  her  will,  did 
then  and  there  feloniously  ravish  and  carnally  know. 

We  therefore  command  (as  in  No.  117). 


No.    1S3. 

FOR  A  RAPE  ON  A  FEMALE  UNDER  TEN  YEARS  OF  AGE. 

(Commencing  as  in  No.  117.)     That  on  the.... day  of ,  in  the  year 

. . . .,  at  the  town  of. . . .,  &c.,  E.  F.,  of,  &:c.,  did  felonionsly  make  an  assault 
upon  one  X.  Y.,  a  female  child  under  the  age  of  ten  years,  and  her,  the  said 
X.  Y.,  then  and  there  unlawfully  and  feloniously  did  carnally  know. 

We  therefore  command,  &c.  (as  in  No.  117). 


JUSTICES'  COURTS.  35^ 


No.    133. 

FOR    MAIMING. 


(Commencing  as  in  No.  117.)  That  on  the.... day  of....,  m  the  year 
. , . .,  at  the  town  of. . . .,  in  said  comity,  E.  F.  of,  &c.,  from  premeditated  de- 
sign, did  feloniously  assault  and  put  out  the  eye  of  the  said  X.  Y 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.    134. 

ANOTHER    FORM    FOR   MAIMING. 


■    (Commencing  as  in  No.  117.)     That  on,  &c.,  at,   &c.,  E.  F.  of,  &c.,  with 
intent  to  kill  (or  to  rob,  or  to  ravish)  one  X.  Y.,  did  feloniously  assault  the 
said  X.  Y.,  and  did  then  and  there  put  out  one  of  the  eyes  of  the  said  X.  Y 
We  therefore  command,  &c.  (as  ;n  No.  117). 


No.    135. 

FOR  SHOOTING  AT  ANOTHER,  WITH  INTENT  TO  KILL. 

(Commencing  as  in  No.  117.)  That  on,  &c.,  at,  &c.,  E.  P.  did  feloniously 
shoot  at  the  said  A.  B.  with  a  pistol  charged  with  gunpowder  and  leaden  shot, 
with  intent  to  kill  the  said  A.  B. 

We  tlierefore  command,  &c.  (as  in  No.  117). 


ISTo.    136. 

FOR   ATTEMPTING     TO    DISCHARGE    FIRE-ARMS,    WITH   INTENT   TO    COMMIT    A   FELONY. 

(Commencing  as  in  No.  117.)     That  on  the day  of ,  &c.,  at  the  town, 

&c.,  E.  F.  did  present  towards  and  at  the  body  of  the  said  A.  B.  a  certain  pis- 
tol charged  with  gunpowder  and  lead,  and  did  then  and  there  feloniously  at- 
tempt, by  drawing  the  trigger  thereof,  to  discharge  the  same  at  him,  the  said 
A.  B.,  with  intent  then  and  there  to  kill  (or  rob)  the  said  A.  B. 


No.    137. 

FOR    AN    ASSAULT    WITH    A    DEADLY    WEAPON,    WITH    INTENT    TO     KILL,    OR   ROB,    OR" 

MAIM. 

(Commencing  as  in  No.  117.)  That  E.  F.,  of,  &c.,  on,  &c.,  at,  &c.,  did 
feloniously  with  and  by  means  of  a  certain  deadly  weapon,  to  wit,  an  ax, 
then  in  his  hands,  make  an  assault  upon  the  said  A.  B.,  and  him,  the  said  A. 
B.,  did  then  and  there  with  the  said  weapon  beat  and  ill-treat,  with  intent  to 
kill  (or  rob,  or  maim)  the  said  A.  B. 

We  therefore  command,  &c.  (as  in  No.  117). 
45 


354  THE  CL£RK"S  ASSISTANT. 

T<ro.  is«. 

FOR    ASSAULT   WITH   INTENT    TO   KILL,    BY    MEANS    OF   FORCE    LIKELY    TO    PRODUCE 
DEATH,    WITHOUT    A    DEADLY    WEAPON. 

(Commencing  as  in  No.  117.)  That  the  said  E.  F.,  on,  &c.,  at  &c.,  did  with 
and  by  means  of  his  hands,  fists,  and  feet,  and  by  such  force  as  was  likely  to 
produce  death,  feloniously  assault  and  beat  the  said  A.  B.,  with  intent  him,  the 
said  A.  B.,  then  and  there  to  kill. 

We  therefore  command,  &c.  (as  in  No.  117). 


No.    139. 

FOR    MURDER    BY    POISONING. 

(Commencing  as  in  No.  117.)     That  on  the day  ol   instant,  one  X. 

y.,  late  of  the  town  aforesaid,  died ;  and  that  he  the  said  A.  B.  hath  just  cause 
to  suspect,  and  doth  suspect,  that  on  the.  . .  .day  of. . .  .last,  at  the  place  afore- 
said, one  E.  F.,  of,  &c.,  did  feloniously,  willfully,  and  of  his  malice  aforethought, 
administer  to  the  said  X.  Y.  certain  deadly  poison  called  arsenic,  by  means 
whereof  the  said  X.  Y.  died  as  aforesaid,  and  that  so  the  said  E.  F.  feloniously 
murdered  the  said  X.  Y. 

We  therefore  command,  &c.  (as  in  No.  117). 


No.    130. 

FOR    ADMINISTERING    POISON    WITH   INTENT    TO    KILL. 

(Commencing  as  in  No.  117.)  That  E.  F.,  of,  &c.,  on,  &c.,  at,  &c.,  feloniously 
administered,  and  caused  and  procured  to  be  administered,  unto  X  Y.,  a  certain 
poison  called  arsenic,  with  intent  to  kill  the  said  X.  Y.,  and  which  poison  was 
actuallj'-  taken  by  the  said  X.  Y.,  but  whereof  death  did  not  ensue. 

We  therefore  command  you,  A:c.  (as  in  No.  117). 


No.    131. 

FOR   MINGLING   POISON    WITH    FOOD,    (fec,    WITH   INTENT    TO    KILL,    THOUGH    THE 
POISON    BE    NOT    TAKEN. 

(Commencing  as  in  No.  117.)  That  E.  F.,  on,  &c.,  at,  &c.,  with  intent  to 
injure  and  kill  one  X.  Y.  and  other  persons,  did  feloniously  mingle  a  certain 
poison  called  arsenic,  wnth  certain  food,  (or  drink,  or  medicine),  in  order  that 
the  same  might  be  taken  by  the  .<jaid  X.  Y.,  and  other  persons. 

We  therefore  command,  &c.  (as  in  No.  117). 


No.    13S. 

FOR   AN    ASSAULT,    WITH   INTENT    TO    COMMIT    FELONY. 

(Commencing  as  in  No.  117.)  That  on  the. . .  .day  of. . . .,  in  the  year. . ., 
at  the  town  of  .  . ,  &c.,  E.  F.,  did  feloniously  make  an  assault  in  and  upon  the 
said  A.  B.,  with  intent  him  the  said  A.  B.  to  kill  and  murder  (or,  with  intent 
to  commit  manslaughter  by  killing  the  said  A.  B. ;  or,  with  intent  to  commit 
robbery  by  feloniously  taking  the  money  of  the  said  A.  B.  from  his  person  by 


JUSTICES'  COURTS.  355 

violence  thereto;  or,  with  intent  tlie  said  A.  B.  feloniously  to  ravish  and  car- 
nally know). 

We  therefore  command,  &c.,  (as  in  No.  117). 


No.    133. 

FOR  ASSAULT   BY   SETTING   ON   A   DOG   TO   BITB. 

(Commencing  as  in  No.  117.)     That  on  the day  of ,  in  the  year 

at  the  town  of ,  &c.,  E.  F.,  of,  &c.,  made  an  assault  upon  the  said  A. 

B.,  by  unlawfully  and  maliciously  inciting  and  setting  on  a  certain  dog  to  bite 
him  the  said  A.  B. ;  by  means  whereof  the  said  A.  B.  was  bitten  and  injured 
by  the  said  dog. 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.    134. 

FOR    AN    ASSAULT,  BY    DRIVING  A  CART   AGAINST   A  WAGON,  AND    THEREBY  INJURING 
THE    DRIVER    OF    THE    WAGON. 

(Commencing  as  in  No.  117.)     That  on  the day  of ,  instant,  E.  F., 

of,  &c.,  on  a  public  highway,  in  the  town  of ,  &c.,  made  an  assault  on  the 

said  A.  B.,  by  unlawfully,  forcibly,  and  willfully  driving  a  certain  horse  and 
cart  under  the  guidance  of  the  said  E.  F.,  upon  and  against  a  certain  wagon 
drawn  by  horses,  then  and  there  under  the  care  and  guidance  of  the  said  A. 
B.,  whereby  the  said  A.  B.  was  thrown  out  of  the  said  wagon  and  greatly 
injured. 

We  therefore  command  you.  &c.  (as  in  No.  117). 


No.     135. 

FOR   ASSAULTING    A   SHERIFF    IN    THE    EXECUTION    OF    HIS    OFFICE. 

(Commencing  as  in  No.  117.)     That  one  E.  F.,  of,  &c.,  on  the day  of 

. . . . ,  instant,  at  the  town  of. ... ,  &;c.,  did  unlawfully  and  forcibly  assault  and 
beat  A.  M.,  who  then  and  there  was  the  Sheriff  of  said  county,  and  in  the 
due  execution  of  his  said  office. 

We  therefore  command,  &c.,  (as  in  No.  117). 


No.     136. 

FOR   FALSE    IMPRISONMENT. 

(Commencing  as  in  No.  117.)     That  E.  P.,  of,  &c..  on  the day  of. . . 

mstant,  at  the  town  of. . . .,  in  said  county,  unlawfully  and  forcibly  assaulted 
the  said  A.  B.,  and  him  the  said  A.  B.,  unlawfully  and  against  the  will  of  the 
said  A.  B.,  did  imprison  and  detain  for  a  long  time,  to  wit,  the  space  of  three 
days  then  next  following. 

We  therefore  command,  &c.  (as  in  No.  117). 


356  THE  CLERK'S  ASSISTANT. 

No.    137. 

FOR   RECEIVING   STOLEN   GOODS. 

(Commencing  as  in  No.  117.)  That  on,  &c.,  at,  &c.,  divers  goods  and  chat- 
tels of  the  said  A.  B.,  to  wit:  twelve  silver  spoons,  of  the  value  of  $20,  were 
feloniously  stolen  by  one  C.  D.  {or  by  a  person  to  the  said  A.  B.  unknown); 
and  that  he  hath  just  cause  to  suspect,  and  doth  suspect,  that  E.  F.,  of,  &c., 
bought  the  said  goods  and  chattels  of  the  said  C.  D.  (or  of  that  person),  he 
the  said  E.  F.  well  knowing  that  the  said  goods  and  chattels  had  been  felo- 
niously stolen. 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.    13S. 

FOR  PERJURY. 

Commencing  as  in  No.  117.)     That  E.  F.,  of,  &c.,  on  the day  of , 

in  the  year  . . . ,  was  sworn  as  a  witness  in  behalf  of  the  defendant,  on  the 
trial  of  a  certain  issue,  joined  in  a  cause  before  J.  C,  a  Justice  of  the  Peace 
of  said  county,  in  which  the  said  A.  B.  was  plaintiff,  and  C.  D.  was  defendant ; 
and  that  upon  the  trial  aforesaid,  in  giving  his  evidence  under  oath,  as  a  wit- 
ness, touching  matters  material  to  the  said  issue,  the  said  B.  F.  willfully  and 
corruptly  swore  and  testified  falsely,  and  then  and  there  committed  willful  and 
corrupt  perjury. 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.   139. 

FOR   CONVEYING   INSTRUMENTS   INTO   JAIL   TO   AID   A   PRISONER'S    ESCAPE. 

(Commencing  as  in  No.  117.)  That  on,  &c.,  E.  F.,  of  &c.,  did  feloniously 
convey  into  the  common  jail  of  the  county  of  Dutchess,  instruments  proper 
and  useful  to  aid  the  prisoner  hereinafter  named  in  his  escape,  with  intent 
thereby  to  facilitate  the  escape  of  one  X  Y.,  a  prisoner  lawfully  committed 
and  detained  in  said  jail  for  felony.  , 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.    140. 

FOR   RESCUING   A   PRISONER   FOR   FELONY   FROM   THE   CUSTODY   OF  AN  OFFICER. 

(Commencing  as  in  No.  117.)  That  one  X.  Y.,  on  the day  of ,  in- 
stant, had  been  arrested,  and  was  in  the  legal  custody  of  D.  0.,  one  of  the 

Constables  of  said  county,  at  the  town  of ,  &c.,  on  a  charge  of  felony; 

and  that  E.  F.,  of,  &c.,  then  and  there  feloniously  and  forcibly  rescued  the 
said  X.  Y.,  so  being  in  custody. 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.  141. 

FOR   AIDING   A   PRISONER   ON   A   CRIMINAL   CHARGE   TO   ESCAPE   FROM  THE  CUSTODY 

OF    AN    OFFICER. 

(Commencing  as  in  No.  117.)     That  one  X.  Y.,  on  the day  of ,  in- 
stant, had  been  arrested  by  D.  0.,  one  of  the  Constables  of  said  county ;  and 


JUSTICES'  COURTS.  357 

was  a  prisoner  in  his  custody  and  lawful  charge,  upon  a  warrant  for  felony , 
and  that  E.  F.,  of,  &c.,  unlawfully  aided  and  assisted  the  said  prisoner  in  escap- 
ing {or  atLempiiug  to  escape)  Iruin  such  custody. 
We  therefore  command,  &c.  (as  iu  No.  117). 


No.    143. 

FOR    A    RIOT. 


(Commencing  as  in  No.  117.)  That  on,  &:c.,  at,  &c.,  E.  R,  G-.  H.,  and  J. 
R.,  did  unlawfully  and  riotously  assemble  together,  to  disturb  the  peace;  and 
being  together  unlawfully,  remained  together,  making  noise,  riot,  and  tumult, 
to  the  terror  and  disturbance  of  the  citizens  there  being. 

We  therefore  command  you,  &c.  (as  in  No.  117). 


No.    143. 

FOR    BIGAMY. 


(Commencing  as  in  No.  117.)  That  on.  &c.,  at  &;c.,  E.  F.,  of,  &;c.,  then  be- 
ing married,  and  then  the  husband  of  il.  F.,  feloniously  did  marry  and  take  to 
wife  one  S.  B.,  the  said  M.  F.,  his  former  wife,  being  then  aUve. 

We  therefore  command  you,  &c.  (as  iu  No.  117). 


No.    144. 

FOR   KEEPING   A   DISORDERLY    HOUSE. 


(Commencing  as  in  No.  117.)     That  on  the day  of ,  in  the  year 

,  and  from  thence  hitherto,  E.  F.,  of,  &c.,  hath  kept  and  maintained,  and 

still  keeps  and  maintains  at  the  town  of. . .  aforesaid,  a  disorderly  house  for 
his  lucre  and  gain,  where  persons  of  ill-fame  assemble  by  his  procurement  and 
permission,  and  there  remain  tippling,  gambling,  and  misbehaving  themselves. 

We  therefore  command,  &c.  (as  in  No.  117). 


No.    145. 

FOR   TRESPASS   IN   CUTTING  TIMBER. 


(Commencing  as  in  No.  117.)      That  on  the,  . .  .day  of last,  E.  F.,  ot, 

&c.,  willfully  committed  trespass,  by  cutting  down  a  great  number,  to  wit: 
fifty  trees,  standing  and  growing  upon  lands  of  the  said  A.  B.,  situate  in  the 
town  of. . .'.,  in  the  county  aforesaid. 

We  therefore  command  vou,  &c.  (as  in  No.  117). 


No.    146. 

COMMITMENT    FOR   FURTHER   EXAMINATION. 

Albany  County,  ss.  To  the  Keeper  of  the  Jail  of  the  said  county :  Receive 
into  your  custody  the  body  of  E.  F.,  iierewith  sent  to  you,  brought  before  one 
J.  C,  one  of  the  justice  of  the  Peace  of  said  county,  and  charged  before  me, 
on  tlie  oath  of  A.  B.,  on  suspicion  of  having  feloniously   stolen,  taken,  and 


358  THE  CLERK'S  ASSISTANT. 

carried  away  one  gold  Avatch,  the  property  of  said  A.  B.,  and  him  the  said  E. 
F.  therefore  safely  keep  in  your  custody  for  further  examination  on  Monday 
next,  and  until  he  shall  be  discharged  by  due  course  of  law. 
Given  under  my  hand  and  seal  this  15th  day  of  June,  1860. 

J.  C,  |l.  S.J 

Justice  of  the  Peace. 


IsTo.    147. 

CRIiriNAI,    SIIBPCENA. 

State  of  New  York,  Albany  County,  s».  To  G.  H.,  L.  M.  and  C.  M.,  Greet- 
ing :  In  the  name  of  the  People  of  the  State  of  New  York,  you  are  hereby 
commanded  to  appear  before  the  undersigned,  at  his  office  in  the  town  of 
Bern  in  said  county,  on  the  6th  day  of  June,  1860,  at  10  o'clock  in  the  fore- 
noon (or  forthwith),  to  give  evidence  in  a  certain  matter  between  the  People 
of  the  State  of  New  York,  and  C.  D.,  on  the  part  of  the  said  People  {or  de- 
lendant).     Hereof  fail  not  at  your  peril. 

Witness,  my  hand  this  5th  day  of  June,  1860. 

J.  R.,  Justice  of  the  Peace. 


ISTo.  148. 
WARRANT   AGAINST    A   WITNESS   WHO    HAS    REFUSED    TO    ATTEND   ON  A  SUBPCENA. 

The  People  of  the  State  of  New  York,  to  any  Constable  of  the  County  of 
Albany  :  You  are  hereby  commanded,  to  take  L.  M.,  and  bring  him  forthwith 
before  the  undersigned,  Justice  of  the  Peace  of  said  county,  to  answer  to 
■what  shall  be  objected  against  him  in  our  behalf;  for,  that  the  said  L.  M., 
having  been  duly  subpoenaed  to  attend  as  a  witness  before  the  said  Justice,  on 
the  examination  in  relation  to  a  felony  alleged  to  have  been  committed  by  E. 
P.,  failed,  without  reasonable  excuse,  to  attend  in  pursuance  of  said  subpoena. 

Witness,  J.  C,  Justice  of  the  Peace,  at  the  town  of  Bern,  in  said  county, 
the  6th  day  of  June,  1860. 

J.  C,  [l.  s.] 

Justice  of  the  Peace. 


l<fo.    149, 

RECOGNIZANCE    OF   A    WITNESS    WITH    SIIRETIES. 

County  of  Albany,  ss.  We,  N.  0.  and  R.  S.,  acknowledge  ourselves  to  be 
jointly  and  severally  indebted  to  the  People  of  the  State  of  New  York,  in  the 
sum  of  ^100,  to  be  paid  if  default  shall  be  made  in  the  condition  following : 

The  condition  of  this  recognizance  is  such,  that  if  the  said  N.  0.  shall  per- 
sonally appear  and  attend  at  the  next  Court  of  Sessions  {or  Oyer  and  Ter- 
miner), to  be  held  in  and  for  said  county,  to  give  evidence  touching  a  bill  of 
indictment  which  may  be  perferred  against  C.  D.,  for  feloniously  stealing, 
taking,  and  carrying  away  divers  goods  and  chattels  of  A.  B.,  as  well  to  the 
grand  jurors  who  may  inquire  concerning  the  eame,  as  to  the  court  and  jury, 
upon  the  trial  of  the  said  A.  B.,  and  shall  not  depart  without  leave,  then  thia 
-ecognizance  to  be  void,  otherwise  of  force. 

N.  O. 

Taken,  subscribed,  and  acknowledged,  the  5th  )  K.  S. 

day  of  June,  in  the  year  1860,  before  me,    \ 

J.  C,  Justice  of  the  Peace. 


JUSTICES'  COURTS.  359 

ISTo.    loO. 

FORM    or    RECOGXIZAXCE    OF    PRrSONKR    WITH    SURETIES. 

County  of  Albany,  ps.  We  C.  D.  and  R.  D.,  of  Bern,  in  said  county,  ac- 
knowledge ourselves  to  be  severally  indebted  to  the  People  of  the  State  of  New 
York,  that  is  to  say,  the  said  C.  D.,  in  the  sum  of  $300,  and  the  said  R.  D.,  in 
the  sum  of  ^200,  to  be  well  and  truly  paid  if  default  shall  be  made  in  the  con- 
dition following : 

The  condition  of  this  recognizance  is  such,  that  if  the  said  C.  D.  shall  per- 
.sonally  appear  at  the  next  Court  of  Sessions  {or  Oyer  and  Terminer  ,  to  be 
held  in  and  for  said  county,  then  and  there  to  answer  to  an  indictment  to  be 
preferred  against  him  for  (state  the  offense),  and  to  do  and  receive  what  shall 
by  the  court  be  then  and  there  enjoined  upon  him,  and  shall  not  depart  the 
court  without  leave,  then  this  recognizance  to  be  void,  otherwise  of  force. 


C.  D. 
k  D 


Taken,  subscribed,  and  acknowledged,  the  } 
5th  day  of  June,  1860,  before  me,  ) 

J.  C,  Justice  of  the  Peace. 


No.    151. 

COMPLAINT    FOR   A    SEARCH    WARRANT    TO    BE    EXECUTED    IN    THE    DAY    TIME. 

Albany  County,  ss.  A.  B.,  of  Bern,  being  duly  sworn,  deposes  and  com- 
plains before  me,  J.  C,  one  of  the  Justices  of  the  Peace  of  said  county,  that  on 
or  about  the  4th  day  of  June,  at  Bern,  divers  goods  and  chattels,  to  wit:  one 
silver  watch,  two  silver  table  spoons,  one  fur  hat,  and  three  linen  |hirts  (particu- 
larly describing  the  goods),  of  the  value  of  $24,  Avere  feloniously  stolen,  taken, 
and  carried  away  from  the  possession  of  the  said  A.  B.,  at  Bern  (or  were  feloni- 
ously embezzled,  taken  and  carried  away  from  the  possession  of  the  said  A.  B.,  by 
E.  F.,  of  Bern,  being  the  clerk  07'  servant  of  the  said  A.  B.,  and  not  being  his 
.apprentice,  or  within  the  age  of  eighteen  years),*  and  that  the  said  A.  B.  sus- 
pects that  the  said  goods  and  chattels,  or  a  part  thereof,  are  concealed  in  the 
dwelling  house  of  one  C.  D.,  situated  in  the  town  of  Knox,  in  said  county 
(particularly  designating  the  place).  And  the  said  A.  B.,  on  his  oath,  further 
deposes,  that  the  grounds  of  his  suspicion  are  as  follows,  viz. :  (here  state  his 
reasons  for  su.spicion.)  And  the  said  A.  B.  prays  that  a  precept  may  issue,  to 
make  search  for  said  goods  and  chattels  in  the  said  dwelling  house  of  the  said 
C.  D.,  according  to  the  statute  in  such  case  made  and  provided. 

A.  B. 

Sworn  and  subscribed  this  5th  day  ) 
of  June,  1860,  before  me,  \ 

J.  C,  Justice  of  the  Peace. 


N"o-     153. 

COMPLAINT    FOR   A    WARRANT    TO    BE    EXECUTED    IN    THE    NIGHT-TIME. 

(The  same  as  in  No.  151,  to  the  *.)  And  that  the  said  goods  and  chattels, 
or  a  part' thereof,  are  concealed  in  the  dwelling  house  of  one  C.  D.,  situated  in 
the  town  of  Knox,  in  said  county.  And  the  said  A.  B.,  on  his  oath,  furthei 
deposes,  that  the  facts  within  his  knowledge  are  as  follows,  that  is  to  say 
(here  detail  the  material  facts  and  circumstances.) 

And  the  said  A.  B.  prays,  &c.  (as  in  No.  151). 


^60  THE  CLERK'S  ASSISTANT. 

:n"o.  iGS. 

SEARCH    VVAUUANT. 

Albany  County,  ss.  To  any  Constaljle  of  said  c-OLiuty  {or  to  the  Sheriff  of 
said  county),  Greeting:  Whereas  A.  B.,  of,  &c.,  has  this  day  made  complaint 
on  oatli,  before  me,  the  undersigned,  a  Justice  of  the  Peace  of  said  county, 
that  (liere  set  forth  the  complaint). 

You  are  therefore  hereby  authorized  and  commanded,  in  the  name  of  the 
People  of  the  State  of  New  York,  forthwith  to  enter,  in  the  daytime  {or  in 
the  day  or  night  time,  if  the  proof  in  the  complaint  be  positive  that  the  goods 
are  concealed  in  the  place  specified),  into  the  aforesaid  dwelling  house  of  the 
said  C.  D.,  and  make  dihgent  search  for  the  said  goods  and  chattels;  and  if 
you  shall  there  find  the  same,  or  any  part  thereof,  you  will  forthwith  bring 
the  goods  and  chattels  so  found,  before  me,  that  further  proceedings  may  be 
had  in  the  premises,  according  to  law. 

Given  under  my  iiand  and  seal  this  5th  day  of  June,  1860. 

J.  C,        [l.  S.1 
Justice  of  the  Peace. 


1 
1 


CHAPTEE  XXVI. 

IiANDLORD   AND   TENANT. 

The  relatiou  of  landlord  and  tenant  exists  whenever  there  is 
a  contract  for  the  use,  possession  and  profit  of  lands  and  tene- 
ments, or  real  estate  on  the  one  side,  and  an  agreement  to  pay 
for  such  use,  possession  or  profit  on  the  other. 

The  landlord  is  the  person  who  rents  or  leases  the  real  estate. 
He  is  bound  to  perform  certain  duties,  and  on  the  performance 
of  such  duties  or  obligations,  he  is  entitled  to  certain  rights.  His 
obligations  are  to  secure  to  the  tenant  the  quiet  enjoyment  of  the 
premises  leased;  but  in  this  he  is  not  bound  to  protect  the 
tenant  against  a  person  who  has  no  title;  and  to  perform 
all  the  express  covenants  into  which  he  has  entered  in  making 
his  lease,  as  for  instance,  to  repair  the  premises,  but  unless  he 
bind  himself  by  express  agreement  the  tenant  cannot  compel  him 
to  repair.  His  rights  are,  to  receive  the  rent  agreed  upon ;  to 
enforce  all  the  covenants  in  the  lease  which  the  tenant  has  agreed 
to  perform ;  to  require  the  tenant  so  to  use  the  premises  as  not 
to  injure  the  inheritance,  as  by  preventing  waste  and  the  like ; 
and  to  have  possession  of  the  premises  when  the  lease  has 
expired. 

The  tenant  is  the  person  in  possession  or  occupancy  of  the  real 
estate.  His  obligations  are,  so  to  use  the  property  as  not  to  in- 
jure the  inheritance ;  to  pay  the  rent  or  compensation  as  it  shall 
become  due  ;  to  perform  all  the  agreements  or  covenants  entered 
into  by  him.  He  is  entitled  to  sole  possession  of  the  property 
to  the  exclusion  of  the  landlord,  except  that  the  landlord  may 
enter  to  see  that  no  waste  is  committed,  and  he  may  compel  the 
landlord  to  perform  all  the  agreements  entered  into  on  his  part 
46 


m2  THE  CLERK'S  ASSISTANT. 

Tlie  instrument  or  contract  showing  tlie  terms  of  the  renting  or 
hiring  is  the  lease.  The  lease  maj  be  for  life,  for  years,  or  at 
will  or  sufferance.  When  it  is  for  life,  it  may  be  for  the  life  of 
the  lessor  or  lessee,  or  for  the  life  of  a  third  party.  When  it  is 
for  years,  the  term  is  expressed  in  the  lease,  except  that  in  the 
city  of  New  York  if  no  limitation  is  expressed  in  the  instrument, 
it  is  to  be  construed  as  expiring-  on  the  first  of  May  next  suc- 
ceeding the  execution.  Leases  for  agricultural  lands  are  restricted 
by  the  Constitution  of  New  York  to  twelve  years.  Leases,  at 
will  or  sufferance,  may  be  for  the  will  of  the  lessor  or  lessees, 
and  are  terminated  by  a  notice  of  surrender,  or  a  notice  to  quit. 

When  the  term  of  the  lease  has  expired,  the  landlord  is  en- 
titled to  immediate  possession.  So,  too,  he  is  entitled  to  posses- 
sion whenever  the  tenant  has  forfeited  his  term,  as  by  neglecting 
to  pay  the  rent  when  it  becomes  due,  or  by  keeping  a  bawdy 
house ,  and  often  conditions  are  inserted  in  the  lease,  the  perform- 
ing or  not  performing  of  which  will  forfeit  the  term. 

The  lease  should  be  in  writing,  and  if  for  life,  should  be  under 
seal  and  executed  in  the  presence  of  a  witness,  or  acknowledged ; 
but  a  verbal  lease  for  one  year  or  less,  is  valid  and  binding. 
Leases  for  three  or  more  years  must  be  recorded  in  the  county 
where  the  premises  are  situated,  or  they  will  be  void  as  against 
purchasers  in  good  faith,  and  for  a  valuable  consideration,  except 
that  in  the  counties  of  Albany,  Ulster,  Sullivan,  Herkimer, 
Dutchess,  Columbia,  Delaware  and  Schenectady,  leases  for  life  or 
years  need  not  be  recorded. 

A  tenant  may  sublet  to  another  person,  unless  he  is  restrained 
by  the  conditions  of  his  lease.  If  he  leases  the  whole  property 
for  the  full  term,  it  will  amount  to  an  assignment,  and  when  the 
original  landlord  receives  rent  from  the  under  tenant,  as  though 
he  were  his  immediate  tenant,  the  first  tenant  is  discharged  from 
his  obligation  to  the  landlord,  and  the  new  tenant  is  considered 
as  holding  the  property  on  the  same  terms  and  conditions  as  the 
first  tenant.     This  species  of  transfer  is  called  an  attornment. 

Taxes  and  all  public  charges  are  to  be  paid  by  the  landlord, 
where  the  lease  is  silent  on  the  subject,  and  if  the  tenant  js  com- 
pelled to  ])ay  them  to  protect  himself  against  the  taxgatherer  he 
may  deduct  the  amount  from  the  rent. 


LANDLORD  AND  TENANT.  3G3 

The  tenant  is  permitted  to  take  down  and  carry  away  such 
fixtures  as  he  has  himself  put  up,  provided  he  does  so  before  his 
lease  expires.  If  the  tenant  is  evicted  from  a  part  or  the  whole 
of  the  premises  by  the  landlord,  his  reut  ceases. 

If  any  tenant  in  arrear  for  rent  desert  the  premises  and  leaves 
them  unoccupied,  any  Justice  of  the  Peace  of  the  county,  on  due 
proof  of  such  facts,  at  the  request  of  the  landlord,  may  go  upon 
the  premises,  and  upon  being  satisfied  that  the  premises  have 
been  deserted,  and  affix  a  notice  in  writing  upon  a  conspicuous 
part  of  the  premises,  requiring  the  tenant  to  appear  and  pay  the 
rent  due  at  some  time  in  the  said  notice  specified,  not  less  than 
five  days  nor  more  than  twenty  days  after  the  date  thei'eof 

At  the  time  specified  in  such  notice,  the  Justice  shall  again 
view  the  premises ;  if  the  tenant  appear  and  deny  that  any  rent 
is  due  to  the  landlord,  all  proceedings  shall  cease.  If  he,  or  any 
for  him,  does  not  appear,  then  the  demise  of  the  said  premises 
to  such  tenant  shall  from  thenceforth  become  void.  The  tenant 
may  appeal  from  such  proceedings  at  any  time  within  three 
months  after  such  possession  is  delivered. 

A  tenant  may  be  removed  by  any  County  Judge  or  Justice 
of  the  Peace  of  the  city  or  town  where  the  premises  are  situated, 
or  by  any  Mayor  or  Eecorder ;  or,  in  the  city  of  New  York,  by 
the  Mayor,  Pecorder,  any  Justice  of  the  Marine  Court,  or  any 
one  of  the  Justices  of  the  District  Courts  of  the  city  of  New 
York ;  when  such  person  holds  over  and  continues  in  possession 
of  the  deniised  premises,  or  a  part  thereof,  after  the  expiration 
of  his  term,  without  the  permission  of  the  landlord ;  or  when 
he  holds  over  without  permission,  after  any  default  in  the  pay- 
ment of  rent,  and  a  demand  of  such  rent  shall  have  been  made, 
or  three  days'  notice  in  writing,  requiring  payment  of  such  rent, 
or  the  possession  of  the  premises,  shall  have  been  served  by  the 
person  entitled  to  such  rent,  on  the  person  owning  the  same  ;  or 
when  the  tenant  of  a  term  of  three  years,  or  less,  shall  have 
taken  the  benefit  of  any  insolvent  act,  or  been  discharged  from 
imprisonment  during  such  term ;  or  when  any  person  shall  hold 
over  and  continue  in  possession  of  any  real  estate,  which  shall 
have  been  sold  by  virtue  of  an  execution  against  such  person, 
after  a  title  under  such  sale  shall  have  been  perfected. 


p3G4  the  CLERK'S  ASSISTANT. 

By  making  and  presenting  proof  of  the  foregoing  facts,  loy 
affidavit,  either  of  the  officers  before  mentioned,  on  the  request 
of  the  landlord  or  his  agent,  shall  issue  his  summons  describing 
the  premises  of  which  the  possession  is  claimed,  and  requiring 
the  person  in  possession  forthwith  to  remove  therefrom,  or  to 
show  cause  before  said  magistrate,  at  a  time  not  less  than  three 
nor  more  than  five  days,  why  possession  should  not  be  given  to 
ihe  applicant.  In  the  case  of  a  tenant  holding  over  after  his  term 
has  expired,  the  summons  may  be  made  returnable  on  the  same  day. 

The  summons  may  be  served:  either  by  delivering  to  the 
tenant,  to  whom  it  shall  be  directed,  a  true  copy  thereof,  and  at 
the  same  time  showing  him  the  original ;  or,  if  such  tenant  be 
absent  from  his  last  or  usual  place  of  residence,  by  leaving  a 
copy  thereof  at  such  place,  with  some  person  of  mature  age 
residing  on  the  premises,  or  if  there  be  no  such  person  residing 
thereon,  then  such  service  may  be  made  by  affixing  such  copy 
upon  a  conspicuous  part  of  said  demised  jjremises. 

If  at  the  time  appointed  in  the  summons  no  sufficient  cause  be 
shown,  then  on  proof  of  due  service  of  the  summons,  the  magis- 
trate shall  issue  his  warrant  to  remove  all  persons  from  the  pre- 
mises, and  put  the  applicant  into  possession  thereof. 

If,  at  the  time  appointed  in  the  summons,  the  tenant,  or  some 
one  in  his  behalf,  file  an  affidavit  denying  the  facts,  or  any  of 
them,  upon  which  the  summons  was  issued,  the  matters  thus 
controverted  may  be  tried  by  a  magistrate  or  a  jury.  If  on  such 
trial  the  magistrate  or  the  jury  find  for  the  landlord,  in  such  case 
the  warrant  shall  issue. 

The  issuing  of  the  warrant  for  the  removal  of  any  tenant  shall 
be  deemed  to  cancel  or  annul  the  lease  or  contract  for  the  use  of 
the  premises ;  but  the  landlord  may  collect,  by  action  or  other- 
wise, rent  due  previous  to  such  removal. 

Forcible  entry  and  detainer  is  committed  by  unlawfulh^  and  vio- 
lently taking  or  keeping  possession  of  lands  and  tenements  with 
menaces,  force  and  arms,  and  without  the  authority  of  the  sta- 
tute.    This  is  forbidden  by  the  statute,  as  follows : 

No  entry  shall  be  made  into  an}^  lands  or  other  possessions, 
but  in  cases  where  entry  is  given  by  law  ;  and  in  such  case,  only 
in  a  peaceable  manner,  not  with  strong  hand,  nor  with  multitude 
of  people. 


LANDLORD  AND  TENANT.  365 

When  any  sucli  forcible  entry  shall  be  made,  or  when  the 
entry  shall  be  made  in  a  peaceable  manner  and  the  possession 
shall  be  held  by  force,  the  person  so  forcibly  put  out,  or  so  forci- 
bly holden  out  of  possession,  and  the  guardian  of  any  such  per- 
son being  a  minor,  may  be  restored  to  such  possessioii  by  mak- 
ing a  complaint  in  writing  (accompanied  by  affidavit  of  such 
forcible  wrong),  to  a  Judge  of  the  County  Court  of  the  same 
county.  The  Judge,  on  receipt  of  the  proper  papers,  summons 
a  jury  to  try  the  question. of  rightful  possession ;  if  the  jury  find 
in  behalf  of  the  applicant,  the  County  Judge  issues  his  precept 
commanding  the  Sheriff  to  put  the  rightful  party  in  possession 
of  the  premise?. 


FORMS. 


Wo.  1. 

landlord's  agreement  of  renting. 

This  is  to  certify,  that  I  have  this  10th  day  of  March,  18G0,  let  and  rented 
anto  C.  D.,  of  the  city  of  Albany,  the  house  and  lot  known  as  No.  500  Lodge 
street,  in  said  city,  with  the  appurtenances,  and  the  sole  and  uninterrupted  use 
and  occupation  thereof,  for  the  term  of  two  years,  to  commence  the  1st  day 
of  May,  1860,  at  the  yearly  rent  of  $400,  payable  quarterly  on  the  usual  quar- 
ter days  (or  on  the  first  days  of  August,  November,  February  and  May  in  eacli 
year). 

A.  B.  [l.  S.I 


IVw.    3. 

tenant's  agreement  of  hiring. 

This  is  to  certify  that  I  have  hired  and  taken  from  A.  B.,  of  the  city  ol 
Albanj"-,  the  house  and  lot  known  as  No.  500  Lodge  street,  in  said  cit}',  for  the 
term  Of  two  years,  to  commence  the  1st  day  of  May,  1860,  at  the  yearly  rent 
of  $400,  payable  quarterly  on  the  usual  quarter  days  {or  on  the  first  da^-s  of 
August,  November,  February  and  May).  And  I  do  hereby  promise  to  make 
punctual  payment  of  the  rent,  in  the  manner  aforesaid,  and  quit  and  surren- 
der the  premises  at  the  expiration  of  the  said  term,  in  as  good  state  and  con- 
dition as  reasonable  use  and  wear  thereof  will  permit,  damages  by  the  elements 
excepted.*  And  in  case  of  not  complying  with  any  of  the  covenants  con- 
tained herein,  the  lessor,  in  his  option,  shall  have  tlie  power  and  the  right  of 
terminating  and  ending  this  lease  immediately,  and  I  agree  to  forfeit  to  the 
said  lessor  the  sum  of  $50,  as  and  for  liquidated  damages.  In  case  said  pre- 
mises shall  be  destroyed  by  fire,  before  or  during  said  term,  then  this  lease  to 
cease  and  determine ;  the  rent  to  be  paid  up  to  that  time.  • 

Given  under  my  hand  and  seal  the  10th  day  of  March,  1860. 

A.  B.  [l.  S.J 


:!Sf>.   3. 

surety  given  by  tenant  annexed. 


In  consideration  of  the  letting  of  the  premises  above  described,  and  of  the 
sum  of  $1,  I  hereby  become  surety  for  the  punctual  payment  of  the  rent  and 
performance  of  the  covenants  in  the  above  written  agreement  mentioned,  to 
be  made  and  performed  by  C.  D.,  if  any  default  shall  be  made  therein,  I  do 


LANDLORD  AND  TENANT.         3G7 

hereby  promise  nnd  ao-ree  to  pay  unto  A.  B.  such  sum  or  sums  of  money  aa 
will  be  sufficient  to  make  up  such  deficiency,  and  fully  satisfy  the  conditions 
of  the  sajd  agreeiiient,  without  requiring  any  notice  of  non-payment  or  proots 
of  demand  being  made. 

Given  under  my  hand  and  seal  the  10th  day  of  March,  1860. 

L.  H.  [L.  s.  1 


JVo.    4. 

tenant's  agreement  not  to  be  underlet. 
{Same  as  No.  2,  except  that  after  *  insert  the  following :) 
And  I  also  promise  and  agree  not  to  underlet  the  aforesaid  premises,  or  any 
part  thereof,  to  any  person  or  persons  whatsoever,  without  obtaining  the  writ- 
ten permission  of  the  lessor  or  his  assigns. 


tenant's  agreement  not  to  use  premises  for  extra  hazardous  purposes. 
(Same  as  No.  2,  except  that  after  the  *  insert  the  folio  iving :) 
And  I  also  promise,  covenant  and  agree,  to  and  with  the  said  A.  B.,  that  I 
will  not  use,  or  suffer  to  be  used,  the  aforesaid  premises  in  any  business 
deemed  extra  hazardous  on  account  ®f  fire,  without  the  written  consent  of 
the  said  A.  B.,  or  his  assigns. 


I«fo.    6. 

tenant's  agreement  pledging  his   property  on  the  premises  as  security. 

{Same  as  No.  2,  except  that  after  *  insert  the  following :) 

And  I  do  hereby  pledge  and  mortgage  to  the  said  A.  B.,  all  my  personal 
property  of  what  kind  soever  there  is  or  may  be  on  the  premises  aforesaid,  for 
the  faithful  performance  of  the  covenants  herein,  hereby  authorizing  the  said 
A.  B.,  in  case  of  a  failure  on  my  part  to  perform  all  or  any  of  said  cove- 
nants, to  take  said  property  so  pledged,  and  sell  the  same,  and  out  of  the  pro- 
ceeds of  s*uch  sale  to  pay  and  discharge  all  rent  and  expenses  which  may  at 
such  time  be  due,  and  to  pay  over  to  me  or  my  assigns  the  surplus  moneys 
arising  from  such  sale. 


-IV  o.    <7. 

A    LEASE    OF    A    HOUSE. 

This  indenture,  made  this  8th  day  of  June,  1860,  between  A.  B.  of  the 
one  part,  and  C.  D.  of  the  other  part,  witnesseth,  that  the  said  A.  B.,  for 
and  in  considerati(m  of  the  rent,  covenants,  and  agreements  hereafter  m 
and  by  these  presents  mentioned,  reserved,  and  contained  on  the  part  and 
behalf  of  the  said  C.  D.,  his  executors,  administrators,  and  assigns,  to  be  paid, 
observed,  done,  and  performed,  hath  granted,  demised,  leased,  and  to  farm 
let,  and  by  these  presents  doth  grant,  lease,  and  to  farm  let  unto  the  said 
C.  D.,  his  executors,  administrators,  and  assigns,  all  that  brick  house,  messu- 
age, or  tenement,  with  all  and  singular  its  appurtenances,  situate,  standing, 


aG8  THE  CLERK'S  ASSISTANT. 

and  being  m  a  certain  street  or  place,  calleil,  &c.,  together  with  all  and  singu- 
lar its  appurtenances  whatsoever,  to  the  sai'd  brick  house,  messuage,  or  tene- 
ment, and  premises  belonging,  or  in  any  wise  appertaining,  and  therewith 
heretofore  lield,  used,  occupied,  and  enjoyed  by  F.  G.,  late  occupier  thereof. 
To  have  and  to  hold  the  said  brick  house,  messuage,  or  tenement,  and  all  and 
singular  other  the  premises  therein  before  granted  and  demised,  or  mentioned, 
or  intended  to  be,  with  the  appurtenances,  unto  the  said  C.  D.,  his  executors, 
administratoi's,  and  assigns,  from  the  1st  day  of  Augnst  next  ensuing,  the  day 
of  the  date  of  these  presents,  for  and  during,  and  until  the  full  end  and  term 
of  five  years  from  thence  next  ensuing,  and  fully  to  be  complete  and  ended ; 
yielding  and  pajdng  therefor  yearly,  and  every  year,  during  the  said  term, 
unto  the  said  A.  B.,  his  heirs,  or  assigns,  the  yearly  rent  of  $400,  on  the  1st 
day  of  November,  18G0,  in  every  year  :  the  first  payment  thereof  to  begin,  anJ 
to  be  made,  Sic,  next  ensuing  the  date  of  these  presents.  Provided  alway?' 
nevertheless,  and  it  is  the  true  intent  and  meaning  of  these  presents,  and  of  the 
said  parties  hereunto,  that  if  it  shall  happen  that  the  said  yearly  rent  of . . . . 
hereby  reserved,  or  any  part  thereof,  be  behind  and  unpaid  by  the  space  of 
. . .  .next  over  or  after  any  of  the  said  days,  whereon  the  same  ought  to  be 
paid  as  aforesaid,  that  then,  and  from  thenceforth,  it  shall,  and  may  be  lawful  to 
and  for  the  said  A.  B.,  his,  &c.,  into  and  upon  the  said  demised  premises,  and 
every,  or  any  part  or  parcel  thereof,  with  their  appurtenances,  in  the  name  of 
the  whole  to  re-enter,  and  the  same  to  have  again,  repossess,  and  enjoy,  as  in 
his  or  their  first  or  former  estate  or  estates ;  and  him  the  said  C.  D.,  his  exe- 
cutors, administrators,  and  assigns,  and  all  and  every  other,  the  occupier  or 
occupiers  of  the  said  demised  premises,  from  thence  utterly  to  expel,  remove, 
and  put  out ;  anything  in  these  presents  contained  to  the  contrary  thereof  in 
any  wise  notwithstanding.  And  the  said  C.  D.,  for  himself,  his  executors, 
administrators,  and  assigns,  doth  covenant  and  grant  to  and  with  the  said  A. 
B.,  his  heirs,  and  assigns,  by  these  presents,  in  manner  following,  that  is  to 
say ;  that  he,  the  said  C.  D.,  his  executors,  administrators,  and  assigns,  shall 
and  will,  well  and  truly  pay,  or  cause  to  be  paid  unto  the  said  A.  B.,  his  heiis, 
or  assigns,  the  said  yearly  rent  above  reserved,  according  to  the  true  intent 
and  meaning  of  these  presents,  clear  of,  and  over  and  above  all  taxes  and 
reprises  whatsoever.  And  that  the  said  C.  D.,  his  executors,  administrators, 
and  assigns,  shall,  and  will  from  time  to  time,  and  at  all  times  hereafter,  during 
the  said  term  herein  before  granted,  at  his  and  their  own  proper  costs  and 
charges,  well  and  sufficiently  keep  in  repair  the  said  demised  premises,  with 
their,  and  every  of  their  appurtenances,  and  also  the  glass,  windows,  pave- 
ments, privies,  sinks,  and  gutters  belonging  to  the  same,  in,  by,  and  with  all 
manner  of  needful  and  necessary  reparations  and  amendments  whatsoever, 
when,  and  as  often  as  the  same  shall  require  (damages  by  fire  only  "excepted), 
and  the  same  premises  with  all  and  singular  their  appurtenances,  being  in  and 
by  all  things  so  well  and  sufficiently  repaired  and  kept  (except  as  before  ex- 
cepted), at  the  end,  expiration,  or  other  sooner  determination  of  the  said  term 
hereby  granted,  shall,  and  will  quietly  and  peaceably  leave  and  surrender,  and 
yield  up  unto  the  said  A.  B.,  his,  &c.,  in  good  and  sufficient  repair  and  condi- 
tion (reasonable  use  and  wearing  thereof,  and  damage  by  fire  as  aforesaid, 
only  excepted) :  that  he  the  said  C.  D.,  his  executors,  administrators,  and 
assigns,  shall,  and  will  from  time  to  time,  and  at  all  times  hereafter,  during 
the  said  term  hereby  "ranted,  pay  and  discharge  all  taxes,  charges,  and  impo- 
sitions, which  shall  be  (axed,  charged,  imposed,  or  assessed  upon  the  said 
messuage  or  tenement,  or  premises,  or  any  part  thereof. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals 
the  day  and  year  first  above  written. 

A.  B.  [l.  S.J 
C.  D.  [l.  S.J 


LANDLORD  AXD  TENANT.         369 

LANDLORD  AND  TENANTS  AGREEMENT. 

This  instrument,  made  and  executed  this  10th  day  of  March,  1860,  between 
A.  B.  of  the  city  of  Albany,  party  of  the  first  part,  and  C.  D.  of  the  same 
place  party  of  the  second  part:  Witnesseth,  that  the  party  of  the  first 
part  has  hereby  let  and  rented  to  the  party  of  the  second  part,  and  the  party 
of  the  second  part  has  hereby  hired  and  taken  from  the  party  of  the  first  part 
(insert  description),  for  the  term  of  five  years,  to  commence  the  1st  day  of 
May.  1860,  at  the  yearly  rent  of  $400,  payable  in  equal,  quarterly  payments 
on  the  1st  days  of  August,  November,  February  and  May,  m  each  year.  And 
the  party  of  the  second  part  hereby  covenants  to  and  with  the  party  of  the 
first  part  to  make  punctual  payment  of  the  rent,  in  the  manner  aforesaid,  and 
quit  and  sm-render  the  premises  at  the  expiration  of  said  term  in  as  good  state 
and  condition  as  they  are  now  in,  reasonable  use  and  wear  thereof  and  dama- 
ges by  the  elements  excepted,  and  further  covenants  that  he  the  party  of  the 
second  part  will  not  use  or  occupy  said  premises  for  any  business  or  purpose 
deemed  extra  hazardous  on  account  of  fire. 

And  further  covenants  that  he  the  party  of  the  second  part,  will  not  assign 
this  lease  or  underlet  the  said  premises  or  any  part  thereof  to  any  person  or 
persons  whomsoever,  without  first  obtaining  the  written  consent  of  said  party 
of  the  first  part,  and  in  case  of  not  complying  with  this  covenant  the  party  of 
the  second  part  agrees  to  forfeit  and  pay  to  the  party  of  the  first  part  the  sum 
of  ©100  as  and  for  liquidated  damages  which  are  hereby  Hquidated  and  fixed  as 
damages  and  not  as  a  penalty. 

This  lease  is  made  and  accepted  on  this  express  condition,  that  in  case  the 
party  of  the  second  part  should  assign  this  lease  or  underlet  the  said  premises 
or  any  part  thereof  Avithout  the  written  consent  of  the  party  of  the  first  part 
that  then  the  party  of  the  first  part,  his  heirs  or  assigns  in  his  option  shall 
have  the  power,  and  the  right  of  terminating  and  ending  this  lease  immedi- 
ately, and  be  entitled  to  the  immediate  possession  of  said  premises,  and  to  take 
summary  proceedings  against  the  party  of  the  second  part  or  any  person  or 
persons  in  possession  as  tenant,  having  had  due  and  legal  notice  to  quit  and 
surrender  the  premises,  holding  over  their  term. 

It  is  further  agreed  between  the  parties  that  in  case  said  premises  should  be 
destroyed  by  fire  before  or  during  the  said  term  that  then  this  lease  is  to  cease 
and  determine  the  rent  to  be  paid  up  to  that  time. 

In  witness  whereof,  the  parties  have  hereunto  set  their  hands  and  seals  the 
day  and  year  first  above  written. 

^  ■  A.  B.    [L.  s.] 

In  presence  of  C.  D.     [l.  S.J 


IVo.    9. 

SECURITY    ON    TOE    FOREGOING. 

In  consideration  of  the  letting  of  the  premises  in  the  foregoing  lease  de- 
scribed, and  of  the  sum  of  $1  to  me  duly  paid  by  the  party  of  the  first  part 
in  said  lease,  I  hereby  become  surety  for  the  punctual  payment  of  the  rent  and 
performance  of  the  covenants  in  the  above  written  agreement  mentioned,  to 
lie  made  and  performed  by  C.  D.,  the  lessee,  and  if  any  default  shall  be  made 
therein  I  do  hereby  promise  and  agree  to  pay  unto  A.  B.,  the  lessor,  such  sum 
or  sums  of  money  as  will  be  sufficient  to  make  up  such  deficiency  and  fullv 
satibfy  the  conditions  of  the  said  agreement,  without  requiring  any  notice  of 
non-payment  or  proofs  of  demand  being  made. 

Given  under  my  hand  and  seal  the  lUth  day  of  March,  18G0. 

G.  H.  |l.  S.J 

41 


370  THE  CLERK'S  ASSISTANT. 

I»f  o.    lO  . 

FARM    LEASK. 

This  indenture  made  the  24th  daj'  of  January,  in  the  year  of  our  Lord  1859, 
between  A.  B.,  of  the  city  of  Albany,  party  of  the  first  part  and  C.  D.  of  the 
same  place  party  of  the  second  part,  witnesseth :  That  the  said  party  of  the  first 
part,  in  consideration  of  the  rents,  covenants  and  agreements  hereinafter  men- 
tioned, reserved  and  contained  on  the  part  of  the  said  party  of  the  second  part, 
his  executors,  administrators  and  assigns,  to  be  paid,  kept  and  performed,  has 
demised  and  to  farm  let,  unto  the  said  party  of  the  second  part,  his  executors, 
administrators,  and  assigns,  all  (insert  description)  with  the  appurtenance?, 
•into  the  said  party  of  the  second  part,  his  executors,  administrators  and 
assigns,  from  the  1st  day  of  April,  1859,  for  the  full  term  of  ten  years  then 
next  ensuing,  yielding  and  paying  therefor,  unto  the  said  party  of  the  first 
part,  his  heirs  or  assigns,  yearly  and  every  year  during  the  said  term  hereby 
granted,  the  yearly  rent  or  sum  of  f^SOO  in  equal  half-yearly  payments,  to 
wit:  on  the  1st  days  of  October  and  April  in  each  and  every  year;  provided 
that  if  the  yearly  rent  above  reserved,  or  any  part  thereof,  shall  be  unpaid  on 
any  day  of  payment  whereon  the  same  ought  to  be  paid  as  aforesaid ;  or  if 
default  shall  be  made  in  any  of  the  covenants  or  agreements  herein  contained, 
on  the  part  of  the  said  party  of  the  second  part,  then  and  from  thenceforth  it 
shall  be  lawful  for  the  said  party  of  the  first  part,  his  heirs  or  assigns,  to  re- 
enter upon  said  demised  premises,  and  the  same  to  have  again,  as  in  their  first 
and  former  estate.  And  the  said  party  of  the  second  part,  does  covenant  and 
agree,  with  the  said  party  of  the  first  part,  his  heirs  and  assigns,  that  he  the 
said  party  of  the  second  part,  his  executors,  administrators  or  assigns,  will 
yearly  and  every  year  during  the  said  term,  unto  the  said  party  of  the  first 
part,  his  heirs  or  assigns,  the  yearly  rent  above  reserved,  on  the  days  and  in 
manner  limited  and  prescribed  as  aforesaid,  for  the  payment  thereof,  without 
any  deduction  or  delay.  And  that  the  said  party  of  the  second  part,  his  exe- 
cutors, administrators  or  assigns,  will,  at  his  own  proper  costs  and  charges, 
bear,  pay  and  discharge  all  taxes,  duties  and  assessments,  as  may,  during  the 
said  term  hereby  granted,  be  charged,  assessed  or  imposed  upon  the  said  de- 
mised premises.  And  that  on  the  determination  of  the  estate  hereby  granted, 
the  said  party  of  the  second  part,  his  executors,  administrators  or  assigns,  shall 
and  will  leave  and  surrender  unto  the  said  party  of  the  first  part,  his  heirs  or 
assigns,  the  said  demised  premises  in  as  good  state  and  condition  as  they  are 
now  in,  ordinary  wear  and  damages  by  the  elements  excepted.  And  the  said 
party  of  the  first  part,  does  covenant  and  agree  with  the  said  party  of  the 
second  part,  his  executors,  administrators,  and  assigns,  that  the  said  party  of 
the  second  part,  his  executors,  administrators  and  assigns,  paying  the  said 
yearly  rent  above  reserved,  and  performing  the  covenants  and  agreements 
aforesaid  on  his  part,  the  said  party  of  the  second  part,  his  executors,  admin- 
istrators and  assigns,  shall  and  may  at  all  times  during  the  said  term  hereby 
granted  peaceably  have,  hold  and  enjoy  the  said  demised  premises,  without 
any  manner  of  trouble  or  hindi-ance  of  or  from  the  said  party  of  the  first  part 
his  heirs  or  assigns,  or  any  other  person  or  persons  whomsoever. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto  set  their 

hands  and  seals. 

A.  B.  [L.  S.J 

C.  D.  [l.  sJ 

Sealed  and  delivered  in  ) 
the  presence  of  j 


LANDLORD  AND  TENANT.  371 


AGREEMENT    FOR   FURNISHED    ROOM. 

Memorandum.  It  is  agreed  by  and  between  E.  F.  and  G.  H.,  as  follows, 
viz. :  The  said  E.  F.,  in  consideration  of  the  rent  hereinafter  mentioned  and 
agreed  to  be  paid  to  him,  hath  letten  to  the  said  G.  H.  one  room,  up  two 
fliglit  of  stairs  forwards,  part  of  the  now  dwelling  house  of  the  said  E.  F., 
situate  on  Third  street,  in  the  city  of  Troy,  together  with  the  furniture  at  pre- 
sent standing  therein,  that  is  to  say  :  (insert  furniture.)  To  hold  to  the  said 
G.  H.  for  the  term  of  two  years,  to  commence  from  May  1,  1860,  at  the  yearly 
rent  of  $100,  to  be  paid  quarterly  to  the  said  E.  F. 

The  said  G-.  H.,  in  consideration  hereof,  agrees  to  pay  the  aforesaid  yearly 
rent  of  $100,  at  the  times  above  limited  for  payment  thereof;  and  at  the  end 
of  the  term,  or  in  case  of  any  default  in  the  payment,  shall  and  will,  on  request 
of  the  said  E.  F.,  or  his  assigns,  immediately  yield  and  deliver  up  to  him  or 
them,  the  peaceable  and  quiet  possession  of  the  said  room,  together  with  the 
whole  furniture,  he  from  the  first  entrance  thereon,  there  found  and  possessed, 
in  good  and  sufficient  plight  and  condition,  reasonable  wear  and  tear  only 
excepted. 

In  witness  whereof,  the  parties  have  signed  this  agreement  this  15th  day 
of  AprU,  1860.  ^    p^ 

G.  H. 


3Vo.    13. 

AN   ASSIGNMENT   OF   A  LEASE   INDORSED. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  in  consideration  of  $50,  to 
me  in  hand  paid  by  C.  D.,  the  receipt  whereof  I  do  hereby  acknowledge,  have 
bargained,  sold,  assigned,  and  set  over,  and  by  these  presents  do  bargain,  sell, 
assign,  and  set  over,  unto  the  said  C.  D.,  his  executors,  administrators,  and 
assigns  (or  if  a  durable  lease,  say,  his  heirs  and  assigns),  as  well  the  within 
written  indenture,  as  also  all  the  term  and  interest  in  all  and  singular  the 
lands,  tenements,  hereditaments  and  premises  within  mentioned,  yet  remain- 
ing under  and  by  virtue  of  the  said  indenture,  and  hkewise  all  my  estate,  right, 
title,  interest,  claim,  property,  and  demand  of,  in,  or  to  the  same  lands,  tene- 
ments, hereditaments,  and  premises,  wliich  I  now  have,  either  by  means  of  the 
within  indenture,  or  otherwise  howsoever;  subject,  nevertheless,  to  the  rents 
and  covenants  in  the  said  indenture  contained. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  8th  day  of 

June,  1860. 

A.  B.  [l.  S.J 


avo.  X3. 

SURRENDER  OF  A  LEASE  TO  THE  LESSOR  BY  INDORSEMENT. 

Know  all  men  by  these  presents,  that  I,  the  within  named  A.  B.,  in  consi 
deration  of  $25,  to  me  in  hand  paid,  at  and  before  the  ensealing  and  delivery 
of  these  presents,  do  for  me,  my  executors,  and  administrators,  bargain,  sell, 
surrender,  and  yield  up  from  the  day  of  tlie  date  hereof,  unto   the  within 
named  C.  D.,  aiid  his  heirs  {or  his  executors,  and  administrators)  as  well  the 


372  THE  CLERK'S  ASSISTANT. 

within  iiidentuie  of  lease,  as  the  lands  and  premises  therein  mentioned,  ard 
the  term  of  years  therein  j^et  to  come,  with  all  my  right,  title  and  interest 
thereto,  and  that  free  and  clear  of  all  incumbrances  of  Avhat  kind  soever,  at 
any  time,  by  me,  or  by  my  privity,  consent,  or  procurement,  done,  committed, 
or  suflered. 
In  witness,  &c. 


iVo.    X4. 

LEASE    AXQ    CHATTEL    MORTGAGBj 

A  lease  made  and  executed  between  A.  B.  of  the  first  part,  and  C.  D.  o^ 
the  second  part,  the  9th  day  of  January,  in  the  year  of  our  Lord,  1860.  In 
consideration  of  the  rents  and  covenants  hereinafter  expressed,  the  said  party 
of  the  first  part  has  demised  and  leased,  and  does  hereby  demise  and  lease  to 
the  said  party  of  the  second  part  the  following  premises,  viz.:  (insert  descrip- 
tion) with  the  privileges  and  appurtenances,  for  and  during  the  term  of  four 
years  from  the  1st  day  of  May  next.  And  the  said  party  of  the  second  part, 
covenants  that  he  will  pay  to  the  party  of  the  first  part,  for  the  use  of  said 
premises,  the  annual  rent  of  $400  to  be  paid  quarterly  on  the  1st  days  of 
August,  November,  February  and  May,  in  each  year.  And  provided  said 
party  of  the  second  part  shall  fail  to  pay  said  rent,  or  any  part  thereof,  when 
it  becomes  due,  it  is  agreed  that  said  party  of  the  first  part  may  sue  for  the 
same,  or  re-enter  said  premises,  or  resort  to  any  legal  remedy  in  addition  to 
the  remedy  hereinafter  provided.  The  party  of  the  second  part  agrees  to  pay 
all  taxes  to  be  assessed  on  said  premises  during  said  term.  The  party  of  the 
second  part  covenants  that  at  the  expiration  of  said  term,  he  will  sur- 
render up  said  premises  to  the  party  of  the  first  part,  in  as  good  condition  as 
now,  necessary  wear  and  damage  by  the  elements  excepted.  And  the  said 
party  of  the  second  part,  for  securing  the  payment  of  the  rent  hereinbefore 
mentioned,  and  in  consideration  of  the  sum  of  ^1  to  him  in  hand  paid,  at  or 
before  the  ensealing  and  delivery  of  these  presents,  by  A.  B.,  of  the  first  part, 
the  receipt  whereof  is  hereby  acknowledged,  has  granted,  bargained  and  sold, 
and  by  these  presents  does  grant,  bargain,  and  sell,  unto  the  said  party  of  the 
first  part,  all  the  goods  and  chattels  whatsoever,  mentioned  and  expressed  in 
the  schedule  hereunto  annexed,  now  remaining  and  being  on  the  said  premi- 
*ses  (or  to  be  placed  on  the  said  premises)  to  have  and  to  hold  all  and  singular 
the  goods  and  chattels  above  bargained  and  sold,  or  intended  so  to  be,  unto 
the  said  party  of  the  first  part,  his  executors,  administrators  and  assigns,  for- 
ever. And  the  said  party  of  the  second  part,  for  his  heirs,  executors  and  ad- 
ministrators, all  and  singular  the  said  goods  and  chattels  above  bargained  and 
sold  unto  the  said  party  of  the  first  part,  his  executors,  administrators  and 
assigns,  against  the  said  party  of  the  second  part,  and  against  all  and  every 
person  and  persons  whomsoever,  shall  and  will  Avarrant,  and  by  these  presents 
forever  defend,  upon  condition  tliat  if  the  said  party  of  the  second  part  shall 
and  do  well  and  truly  pay,  or  cause  to  be  paid  unto  the  said  party  of  the  first 
part,  his  executors,  administrators  or  assigns,  the  sum  of  rent  above  mention- 
ed, then  these  presents  and  everything  herein  contained,  shall  cease  and  be 
void.  And  the  said  party  of  the  second  part,  for  himself,  his  executors,  admin- 
istrators and  assigns,  does  covenant  and  agree  to  and  with  the  said  party  of 
the  first  part,  his  executors,  administrators,  and  assigns,  to  make  punctual  pay- 
ment of  the  money  hereby  secured ;  and  in  case  default  shall  be  made  in  pay- 
ment of  the  said  sum  above  mentioned,  it  shall  and  may  be  lawful  for,  and  the 
said  party  of  the  second  part  does  hereby  authorize  and  empower  the  said 
party  of  the  first  part,  his  executors,  administrators  and  assigns,  with  the  aid 
and  "assistance  of  any  person  or  persons  to  enter  and  come  into  and  upon  the 
dwelhng  house  and  premises  of  the  said  party  of  the  second  part,  and  in  such 


LANDLORD  AND  TENANT.   .      373 

other  place  or  places  as  the  said  gooils  aiid  chattels  are  or  may  he  helilor  placed, 
and  take  and  carry  away  the  said  goods  and  chattels,  to  sell  and  dispose  of 
the  same  fur  the  best  price  they  can  obtain,  and  out  of  the  money  to  retain 
and  pay  the  said  sum  above  mentioned,  with  the  interest  and  all  expenses 
thereon,  rendering  the  overplus  (if  any)  unto  the  said  party  of  the  second  part, 
his  executors,  administrators  and  iissigns.  And  until  default  be  made  in  the 
payment  of  the  aforesaid  sum  of  money,  the  said  party  of  the  second  part  to 
remain  and  continue  in  quiet  and  peaceable  possession  of  the  said  -goods  and 
chattels,  and  the  full  and  free  enjoyment  of  the  same  unless  the  said  party  of 
the  first  part,  his  executors,  administrators  or  assigns,  shall  sooner  choose  to 
demand  the  same;  and  until  such  demand  be  made,  the  possession  of  the  said 
party  of  the  second  part  shall  be  deemed  the  possession  of  an  agent  or  ser- 
vant, for  the  sole  benefit  and  advantage  of  his  principal,  the  said  party  of  the 
first  part 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals 
the  day  and  year  first  above  written. 

A.  B.  [L.  S.J 
C.  D.  [l.  S.J 


Sealed  and  delivered  in 
the  presence  of 


Wo.    15. 

AFFIDAVIT    OF    LANDLORD    THAT    PREMISES    ARE    DESERTED    BY    TENANT. 

Albany  County,  ss.  A.  B.,  being  duly  sworn,  says  that  on  the  1st  day  of 
April,  1859,  he  leased  to  C.  D.  a  house  and  lot  in  the  village  of  Bern,  for  the 
period  of  three  3'^ears  from  said  April,  1859 :  that  the  said  C.  D.  entered  and 
occupied  said  premises  until  sometime  in  May,  1860,  when  he  abandoned  said 
premises,  leaving  due  and  unpaid  the  rent  for  the  quarter,  ending  April  1, 
18G0,  and  leaving  no  property  on  said  premises,  and  that  said  premises  are 
now  unoccupied,  and  uncultivated.  And  the  said  A.  B.  further  says,  that  he 
is  desirous  of  regaining  possession  of  said  premises,  in  accordance  with  the 
provisions  of  the  statute  in  such  case  made  and  provided. 

Sworn,  &c. 

A.  B. 


jVo.    X6. 

NOTICE   TO   BE   AFFIXED   ON   A   CONSPICUOUS   PART   OF  THE   PREMISES. 

To  C.  D.,  tenant  of  the  demised  premises,  of  which  the  following  is  a 
description:  (insert  description  of  premises.) 

Whereas,  it  has  been  duly  proved  to  me  the  undersigned,  that  yon,  being  in 
arrear  for  rent,  have  deserted  and  left  unoccupied  and  uncultivated,  without 
any  goods  thereon  subject  to  distress  to  satisfy  the  arrears  of  rent,  the  above 
described  premises,  demised  to  j^ou  by  A.  B. ;  and,  whereas,  I  the  undersigned, 
a  Justice  of  the  Peace  of  said  county  of  Albany,  having,  at  the  request  of  the 
said  A.  B.,  gone  upon  and  viewed  the  said  premises,  and  being  satisfied  upon 
such  view  that  the  said  premises  have  been  deserted  as  above  stated : 

You  are  hereby  notified  and  required  to  appear  and  pay  the  rent  due,  on  or 

before  tlie. . .  .day  of (a  time  not  less  than  five  nor  more  than  U\  enty 

days  after  the  date  of  the  notice),  or  the  landlord  will  be  put  into  possession 
of  the  said  premises,  and  any  demise  of  the  said  premises  to  you  shall  from 
thcuccforth  become  void.     Dated  and  afiixed  on  said  premises,  the. . .  .day  of 
.,  in  the  year. . . . 

J.  C,  Justice  of  the  Peace. 


374  THE  CLERK'S  ASSISTANT. 


THE    ENTRY    IN    JUSTICE  S    DOCKET. 

At  the  request  of  the  said  A.  B.,  and  upon  the  proof  above  mentioned,  1 
went  upon  and  viewed  the  premises  described  in  said  lease,  and  being  satisfied 
on  such  view  that  the  premises  have  been  deserted  by  the  said  tenant,  as 
proved  by  the  evidence  hereinbefore  stated,  I  affixed  upon  a  conspicuous  part 
of  the  said  premises  the  following  notice  in  writing:  (Here  the  notice  should 
be  copied  into  the  docket.) 

And  afterwards,  to  wit,  on  the . .  day  of last,  being  the  time  speci- 
fied in  said  notice,  I  again  viewed  the  premises,  and  upon  the  said  second 
view,  the  said  C.  D.,  the  tenant,  did  not,  nor  did  any  one  for  him,  appear  or 
^,aj  the  rent  in  arrear.  And  there  being  no  sufficient  tlistress  on  the  said 
premises,  to  satisfy  the  said  rent,  I  put  the  said  A.  B.,  the  landlord,  into  pos- 
session of  the  said  demised  premises,  according  to  the  statute  in  such  case 
made  and  provided. 

J.  C,  Justice  of  the  Peace. 


No.    18. 

APPEAL   BOND. 

Wliereas,  certain  proceedings  have  been  had  at  the  instance  of  A.  B.,  against 
C.  D.,  before  J.  C,  one  of  the  Justices  of  the  Peace  of  the  county  of  Albany, 
under  color  of  the  provisions  of  the  statute  authorizing  summary  proceedings 
to  obtain  possession  of  demised  premises  when  deserted  by  the  tenant,  whereby 
the  said  A.  B.  was,  on  the  1st  day  of  May  last,  put  into  the  possession  of 
certain  premises  by  him  demised  to  the  said  0.  D.,  from  which  proceedings 
the  said  C.  D.  hath  appealed  to  the  County  Court  of  said  county. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said  C. 
D.,  shall  well  and  truly  pay  to  the  said  A.  B.,  all  costs  of  such  appeal  which 
may  be  adjudged  against  such  tenant,  then  this  obligation  shall  be  void,  other- 
wise of  full  force. 

C.  D.  [l.  s.] 

Sealed  and  delivered  )  P.  Q.  [l-  s.] 

in  presence  of        ) 

A.  M. 


I  approve  of  this  bond  as  the  security  for  the  appeal  therein  mentioned. 

J.  C,  Justice. 


JVo.    19. 

NOTICE  TO  THE  JUSTICE,  OF  THE  APPEAL. 

'lo  J,  C,  Esq.,  Justice  of  the  Peace: 

Sir — I  have  appealed,  and  do  hereby  appeal  to  the  County  Court  of  the 
county  of  Albany,  from  yoin-  proceedings  at  the  instance  of  A.  B.,  by  which 
he  has  been  put  in  possession  of  the  premises  lately  occupied  by  me  in  the  town 
of  Bern,  in  this  county,  under  color  of  the  provisions  of  the  statute  authorizing 
summary  proceedings  to  recover  possession  of  lands  in  certain  cases.  And  of 
this  you  Avill  take  notice,  and  return  the  proceedings  had  before  you  to  thp 
said  court  within  ten  days. 

Yours,  &c., 

Bern  the  9th  day  of  June,  18G0.  C,  D. 


LANDLORD  AND  TENANT.  375 

No.    30. 

NOTICE  BY  THE  JUSTICE  TO  THE  LANDLORD,  OF  THE  APPEAL. 

To  D.  S. : 

Sir-  You  will  take  notice  that  C.  D.,  upon  giving  the  required  security, 
hath  this  day  appealed  to  the  County  Court  of  the  county  of  Albany,  from 
my  proceedings  at  your  instance,  and  by  which  you  have  been  put  in  posses- 
sion of  the  premises  situate  in  Bern,  in  said  county,  and  demised  by  you  to 
the  s»  d  C.  D.,  for  the  term  of  eight  years. 

Yours,  &c., 

J.  C.  Justice, 
Dated  Bern,  this  9th  day  of  June,  in  the  year  1860. 


No.    31. 

OATH  OF  HOLDING  OVER  AFTER  EXPIRATION  OF  TERM. 

Alha7iy  County,  ss.  A.  B.,  of  Bern,  in  said  county,  being  duly  sworn,  doth 
depose  and  say,  that  on  or  about  the  1st  day  of  April,  in  the  year  1859,  this 
deponent  demised  unto  C.  D.  a  certain  lot  of  land  (describe  the  premises),  for 
the  term  of  one  year  from  the  1st  day  of  May,  1859,  which  said  term  has  ex- 
pired, and  that  he  or  his  assigns  hold  over  and  continue  in  possession  of  Jho 
said  premises  without  the  permission  of  this  deponent. 

.  A    o 

Sworn  and  subscribed,  this  6th  day  [ 
of  June,  1860,  before  me,  \ 

J.  J.,  Judge  of  Albany  County. 


ISO.    33. 

SUMMONS    REQUIRING   THE   TENANT   TO   REMOVE. 

To  C.  D. : 

Whereas,  A.  B.  has  made  oath,  and  presented  the  same  to  me,  that  on  or 
about  the  Igt  day  of  April,  in  the  year  1859,  he  demised  unto  you  a  certain, 
lot  of  land  (describe  the  premises)  for  the  term  of  one  year  from  the  1st  day 
of  May  then  next  ensuing,  and  that  you  or  your  assigns  hold  over  and  continue 
in  possession  of  the  said  premises  after  the  expiration  of  your  term  therein,  with- 
out the  permission  of  the  landlord :  Therefore,  the  People  of  the  State  of 
New  York  hereby  summon  and  require  you  forthwith  to  remove  from  the  said 
premises,  or  show  cause  before  me,  at  my  ofRce  in  the  village  of  Bern,  on  the 
7th  day  of  June,  at  10  o'clock  in  the  forenoon,  why  possession  of  the  said  pre- 
mises should  not  be  delivered  to  the  landlord. 

Witness  my  hand  the  6th  day  of  June,  1860. 

Yours,  &c., 

J.  J.,  Judge  of  Albany  County, 


No.    33. 

AFnDAVIT   OF   THE   SERVICE   OF   THE   SUMMONS. 

Albany  County,  ss.     W.  G.,  of  the  town  of  Bern,  in  the  said  county,  bem^ 
sworn,  saith.  that  oa  the  6th  day  of  Juue,  instant,  he  served  the  annexed 


37G  THE  CLERKS  ASSISTANT. 

summons  upon  C.  D.,  the  tenant  therein  named  (hj  delivering  to  him  person- 
ally a  true  copy  thereof,  at  the  same  time  showing  him  the  original). 

{Or,  by  leaving,  in  the  absence  of  said  tenant,  at  his  last  or  usual  place  of 
residence,  with  his  wife,  residing  on  the  premises,  a  true  copy  thereof.) 

0)\  b}'  leaving,  in  the  absence  of  said  tenant,  at  his  last  (or  usual  place)  ot 
residence,  with  E.  D.,  of  mature  age,  residing  on  the  premises,  a  true  copy 
thereof. 


Sworn,  &c. 


W.  G. 


I<fo.    34. 

WARRANT    TO    PUT    THE    LANDLORD    IN   POSSESSION. 

To  any  one  of  the  Constables  of  the  county  of  Albany,  Greeting:  Whereas, 
A.  B.  has  made  oath,  and  presented  the  same  to  me,  that  on  or  about  the 
1st  day  of  April,  in  the  year  1859,  he  demised  unto  G.  D.  a  certain  lot  of 
land  (describe  the  premises)  for  the  term  of  one  year  from  the  1st  day  of  May 
then  next,  and  that  he  or  his  assigns  hold  over  and  continue  in  possession  of 
the  same  after  the  expiration  of  said  term  therein,  without  the  permission  of 
the  landlord.  Whereupon  I  issued  a  summons  requiring  the  said  tenant  forth- 
with to  remove  from  the  said  premises,  or  show  cause  before  me,  at  a  certain 
time  now  past,  why  the  possession  of  the  said  premises  should  not  be  de- 
livered to  the  landlord  ;  and  no  sufficient  cause  having  been  shown  to  the  con- 
trary, and  due  proof  of  the  service  of  the  said  summons  having  been  made,  I 
do  therefore,  in  the  name  of  the  People  of  the  State  of  New  York,  command 
you  to  remove  all  persons  from  the  said  premises,  and  put  the  landlord  into 
the  full  possession  thereof. 

Witness  my  hand  the  7th  day  of  June,  1860. 

J.  J.,  Judge  of  Albany  County. 


ISo.    35. 

NOTICE  TO  QUIT  TO  A  TENANT  AT  WILL,  OR  AT  SUFFERANCE. 

To  C.  D.,  of  Bern  : 

You  are  hereby  required  to  remove  from  and  quit  the  premises  which  you 
hold  of  me,  situate  iu  the  village  of  Bern,  in  the  county  of  Albany,  within 
one  month  after  service  of  this  notice. 

Yours,  &c., 

A.  B. 
Dated  the  7th  day  of  Maj^,  in  the  year  1860. 


ISTo.    36. 

AFFIDAVIT    TO   BE   MADE    BY    THE    LANDLORD,  IN    CASE    OF   A    TENANCY   AT   WTLL. 

Albatiy  County,  ss.  •  A.  B.,  of  Bern,  in  said  county,  being  sworn,  saith,  that 
eince  the  7th  day  of  May,  in  the  year  1859,  C.  D.,  of  the  same  place,  has  held 
and  occupied  the  house  and  lot  in  the  village  of  Bern  on  Elk  street,  where  the 
said  C.  D.  now  resides,  as  the  tenant  of  this  deponent,  and  at  his  will,  and 
without  any  certain  time  agreed  on  for  the  termination  of  said  tenancy.  And 
this  deponent  caused  a  notice  in  writing  to  be  served  on  the  said  C.  D.,  in 
due  form  of  law,  on  the  7th  day  of  May  last,  requiring  him  to  remove  from 
Bald  premises  within  one  month  from  the  day  of  service  the^-eof. 


LANDLORD  AND  TENANT.         377 

And  this  deponent  farther  saith,  that  the  said  time  hath  expired,  and  that 
the  said  C.  D.,  or  iiis  assigns,  hold  over  and  continue  in  possession  of  the  said 
premises  after  the  exjairation  of  said  time,  without  the  permission  of  this  de- 
ponent. 

A.  B. 
Sworn  and  subscribed,  this  8th  day  ) 
of  June,  18G0,  before  me,  ) 

S.  T.,  Judge,  c&c. 


No.   a  T. 

SUMMONS  THEREON  TO  THE  TENANT  TO  REMOVE  OR  SHOW  CAUSE. 

To  C.  D.,  of  Bern : 

Whereas,  A.  B.  has  made  oath  in  writing  and  presented  the  same  to  me, 
that  since  the  7th  day  of  May,  in  the  year  1859,  you  have  held  and  occupied 
the  house  and  lot  in  the  village  of  Bern,  in  Elk  street,  where  you  now  reside, 
as  his  tenant,  and  at  his  will,  without  any  certain  time  agreed  on  for  the  ter- 
mination of  said  tenancy.  And  that  he  caused  a  notice  in  writing  to  be  served 
on  you,  in  due  form  of  law,  on  the  7th  day  of  May  last,  requiring  you  to 
remove  from  said  premises  within  one  month  from  the  day  of  the  service 
thereof  And  that  the  said  time  hath  expired,  but  that  you  or  your  assigns 
hold  over  and  continue  in  possession  of  said  premises  after  the  expiration  of 
said  time,  without  the  permission  of  the  said  landlord. 

Therefore,  in  the  name  of  the  People  of  the  State  of  New  York,  you  are 
hereby  summoned  and  required  forthwith  to  remove  from  the  said  premises, 
or  show  cause  before  me,  at  my  office  in  the  town  of  Bern,  in  said  county, 
on  the  11th  day  of  June,  instant,  why  possession  of  the  said  premises  should 
not  be  delivered  to  the  said  landlord. 

Given  under  my  hand  this  7  th  day  of  June,  18C0. 

S.  T.,  Judge  of  Albany  County. 


JYo.    38. 

WARRANT    TO    REMOVE    THE    TENANT,    IN    CASE    OF    TENANCY   AT    WILL. 

To  any  one  of  the  Constables  of  the  County  of  Albany,  Greeting :  Whereas, 
A.  B.  has  made  oath  in  writing,  and  presented  the  same  to  me,  that  since  the 
7th  day  of  May,  1859,  C.  D.,  of  Bern,  has  held  and  occupied  the  house  and  lot 
in  the  village  of  Bern,  in  Elk  street,  where  he  now  resides,  as  his  tenant  and 
at  his  will,  without  any  certain  time  agreed  on  for  the  termination  of  said 
tenancy.  And  that  he  caused  a  notice  in  writing  to  be  served  on  him  tiie  said 
tenant,  in  due  form  of  law,  on  the  7th  day  of  April  last,  requiring  him  to 
remove  from  said  premises  within  one  month  from  the  date  of  the  service 
thereof  And  that  the  said  time  hath  expired,  but  that  the  said  tenant  or  his 
assigns  hold  over  and  continue  in  possession  of  said  premises  after  the  expira- 
tion of  said  time,  without  the  permission  of  said  landlord.  Whereupon  I 
issued  a  summons,  requiring  the  tenant  to  remove  fiom  said  premises,  or  show 
cause  before  me,  at  a  certain  time  now  past,  why  the  landlord  should  not  be 
put  in  possession  of  said  premises;  and  due  proof  of  the  service  of  said  sum- 
mons having  been  made  to  me,  and  no  good  cause  against  the  sairl  landlord's 
application  having  been  sliown,  or  any  way  appearing :  Therefore  tlie  People 
of  the  State  of  New  York  command  you  to  remove  all  persons  I'rom  tlie  said 
premises,  and  put  the  said  A.  B.  into  the  full  possession  thereof 

In  witness  whereof,  I  have  subscribed  these  presents  this  llth  day  of  June, 
in  the  year  1860. 

*  S.  T.,  Judge  of  Dutchess  County. 

48 


378  THE  CLERK'S  ASSISTANT.  % 

■5:* 
Ifo.    30. 

NOTICE    REQUIRING    PAYMENT    OF    RENT    OR    POSSESSION    OF    THE    PREMISES. 

To  C.  P.,  Tenant : 

Sir — One  j^ear's  rent  is  now  due  upon  the  premises  leased  by  me  to  you, 
and  you  are  hereby  required  to  pay  the  same  within  three  days  from  the  ser- 
vice of  this  notice,  or  to  dehver  up  the  possession  of  the  said  premises  to  me. 
Dated  Bern,  the  2d  day  of  June,  1860. 

Yours,  &c.,  A.  B. 


IS"o.    30. 

AFFIDAVIT    OF   LANDLORD  (aFTER    SERVICE    OF    PRECEDING    NOTICE)  TO    OBTAIN  SUM- 
MONS  AGAINST    THE   TENANT   FOR   NON-PATMENT    OF    RENT. 

Albany  County,  ss.  A.  B.,  of  Bern,  in  said  county,  being  duly  sworn,  saith, 
that  C.  D.,  of  Bern  aforesaid,  is  indebted  to  said  deponent  in  the  sum  of  one 
hundred  dollars,  due  the  first  day  of  May  last,  for  rent  of  a  house  and  lot 
belonging  to  the  said  deponent,  situate  in  the  village  of  Bern  aforesaid,  lately 
demised  by  this  deponent  to  the  said  C.  D.,  and  in  which  the  said  C.  D.  now 
resides;  that  on  the  2d  day  of  June,  he  demanded  the  said  rent  from  the  said 
C.  D.,  by  delivering  him  personally  a  true  copy  of  the  annexed  notice,  at  the 
same  time  showing  the  original  (o?-by  leaving  in  the  absence  of  said  tenant  at 
his  last  {or  usual)  place  of  residence,  with  his  wife  (or  son  of  mature  age), 
residing  on  the  premises),  a  true  copy  of  the  annexed  notice. 

And  that  the  said  C.  D.  hath  not  yet  paid  the  said  rent,  in  pursuance  of  the 
agreement  under  which  the  premises  were  demised  to  him,  or  dehvered  up 
possession  of  the  said  premises;  but  he  has  made  default  in  the  payment  of 
the  said  rent ;  and  that  the  said  C.  D.  holds  over  and  continues  in  possession 
of  the  said  premises  without  the  permission  of  this  deponent,  and  that  satis- 
faction of  the  said  rent  cannot  be  obtained  by  distress  of  any  goods  or  chattels. 

A.  B 

Sworn  and  subscribed,  this  6th 
day  of  June,  before  me, 

S.  T.,  Judge,  &c. 


IS  o.    3X. 

SUMMONS   REQUIRING   THE   TENANT  TO   SHOW  CAUSE   WHY  HE   SHOULD   NOT  BE   DIS- 
POSSESSED. 

To  C.  D.,  of  Bern,  in  the  county  of  Albany  : 

Whereas,  David  Smith  has  made  oath  before  me,  that  you  are  justly  indebted 
unto  him  in  the  sum  of  ^100,  due  the  first  day  of  May  last,  for  rent  of  a  house 
and  lot  belonging  to  the  said  A.  B.,  and  situate  in  the  village  of  Bern,  in  the 
county  of  Albany,  in  which  you  now  reside  ;  that  he  has  demanded  from  you 
the  said  rent  or  possession  of  said  premises,  in  due  form  of  law ;  and  that  default 
has  been  made  in  the  payment  thereof,  pursuant  to  the  agreement  under  which 
the  premises  were  let ;  and  that  you  hold  over  and  continue  in  possession  of  the 
same,  without  the  permission  of  the  landlord,  after  delliult  in  the  payment  of 
the  rent  as  aforesaid,  and  that  satisfaction  of  the  said  rent  cannot  be  obtained 
by  distress  of  any  goods.  Therefore  you  are  hereby  summoned  and  required 
to  remove  from  the  said  premises,  or  show  cause  before  me,  at  my  office  in  the 
said  village  of  Bern,  on  the  9th  day  of  June,  at  ten  o'clock  in  the  forenoon, 
why  the  said  A.  B.  should  not  be  put  in  full  possession  thereof. 

Witness  my  hand,  this  6th  day  of  June,  1860. 

Yours,  &c., 

S.  T.,  Judge,  &e. 


LANDLORD  AND  TENANT.  379 

rs'  O  ,     3  »  . 

WARRANT    TO    DISPOSSESS    THE    TENANT    FOR    NON-PAVJrENT    OF    RENT. 

To  any  one  of  the  Constables  of  the  county  of  Albany,  Greeting : 

vVhereas,  A.  B.  hath  made  oath  before  me  that  J.  D.  was  justly  indebted 
unto  him  in  the  sum  of  §100,  for  rent  of  a  house  and  lot  belonging  to  the 
said  A.  B.,  and  situate  in  the  village  of  Bern,  in  said  county  of  Albany,  and 
in  which  the  said  C.  D.  now  resides ;  that  he  had  demanded  the  said  rent  or 
possession  of  the  premises,  in  due  form  of  law,  from  the  said  C.  D.,  who  hath 
made  default  in  the  payment  thereof,  pursuant  to  the  agreement  under  which 
the  premises  were  let;  and  that  he  holds  over  and  continues  in  possession  of 
the  same,  without  the  permission  of  the  kmdlord,  after  default  in  the  payment 
of  the  rent  as  aforesaid  ;  and  that  satisfaction  of  the  said  rent  could  not  bo 
obtained  by  distress  of  any  goods.  Whereupon  I  issued  a  summons  requir- 
ing the  tenant  to  remove  from  said  premises,  or  to  show  cause  before  me,  at  a 
certain  time  now  past,  why  the  landlord  should  not  be  put  in  possession  of 
the  said  premises  ;  and  due  proof  of  the  service  of  said  summons  having  been 
made  to  me,  and  no  good  cause  against  the  saiil  landlord's  application  having 
been  shown,  or  any  way  appearmg :  Therefore,  the  People  of  the  State  of 
New  York  command  you  to  remove  all  persons  from  the  said  premises,  and 
put  the  said  A.  B.  in  full  possession  thereof,  and  collect  $5  costs  herein. 

In  witness  whereof,  I  have  subscribed  these  presents,  this  9th  day  of  June, 
1860. 

S.  T.,  Judge,  &c. 


ISO.    33. 

AFFIDAVIT    OF   THE    TENANT    DENYING    SOME    MATERIAL   FACT    STATED    IN    THE    AFFI- 
DAVIT  MADE    BY    THE    LANDLORD. 

Albany  County,  ss.  C.  D.,  of  Bern,  in  said  county,  being  sworn,  saith  that 
he  doth  not  owe  to  the  said  A.  B.  the  sum  of  $100  for  the  rent  of  the  house 
and  lot  occupied  by  this  deponent,  in  the  village  of  Bern,  as  is  alleged  by  the 
said  A.  B.,  in  an  affidavit  lately  made  before  S.  T.,  Esq.,  the  Judge  of  Albany 
county,  and  on  which  proceedings  have  been  had  before  the  said  S.  T.,  to 
remove  this  deponent  from  the  possession  of  said  premises. 

C.  D. 

Sworn,  &c. 


IS  o  .    34. 

PRECEPT   TO   SUMMON   A   JURY   WHEN   THE   TENANT   MAKES   DEFENSE. 

Albany  County,  ss.  To  the  Sheriff  or  any  Constable  of  said  county.  Greet- 
ing :  Whereas  I,  the  undersigned,  a  Judge  of  the  said  county,  in  order  to 
form  a  jury  to  try  certain  matters  in  controversy  between  A.  B.,  landlord,  and 
C.  D.,  tenant,  have  in  due  form  of  law  nominated  E.  F.,  &c.  (naming  them), 
twelve  reputable  persons,  qualified  to  serve  as  jurors  in  Courts  of  Record : 

You  are,  therefore,  hereby  commanded,  in  the  name  of  the  People  of  the 
State  of  New  York,  to  summon  the  above  named  persons  so  nominated  to 
appear  before  me,  at  my  office  in  the  village  of  Bern,  on  the  11th  day  of 
June,  to  try  the  said  matters  in  difference  between  the  said  parties. 

Dated  at  Bern,  this  9th  day  of  June,  in  the  year  1860. 

S.  T.,  Judge^  &c. 


380  THE  CLERK'S  ASSISTAN"'      . 

IVo.    3f5. 

SUBPCENA    TO    APPEAR    AND   TESTIFY. 

Albany  County,  ss.     The  People  of  the  State  of  iSTew  York,  to :  You 

and  each  of  you  are  hereby  commanded  and  required  to  appear  before  me, 
Judge  of  said  county,  at  my  office  in  the  village  of  Bern,  on  the  lltli  day  of 
June,  to  testify  before  me  {or  before  a  jury),  touching  the  matters  m  contro- 
versy between  A.  B.,  landlord,  and  C.  D.,  tenant,  relative  to  the  summary 
removal  of  such  tenant  from  the  premises  of  the  said  A.  B.,  on  the  part  of 
the  said  A.  B.     And  hereof  fail  not  at  your  peril. 

Given  under  my  hand  this  9th  day  of  June,  1860. 

S.  T.,  Judge,  c&o. 


ISO.    36. 

WARRANT    TO    DISPOSSESS    THE    TENANT   AFTER   VERDICT    AGAINST    HIM. 

To  any  of  the  Constables  of  the  county  of  Albany,  Greeting : 

Whereas,  A.  B.  hath  made  oath  before  me  that  C.  D.  was  justly  indebted 
unto  him  in  the  sum  of  $100,  for  rent  of  a  house  and  lot  belonging  to  the 
said  A.  B.,  and  situate  in  the  village  of  Bern,  in  said  county  of  Albany,  and 
in  which  the  said  C.  D.  now  resides ;  that  he  had  demanded  the  said  rent  or 
possession  of  the  premises,  in  due  fcrrm  of  law,  from  the  said  C.  D.,  who  hath 
made  default  in  the  payment  thereof,  pursuant  to  the  agreement  under  which 
the  premises  were  let ;  and  that  he  holds  over  and  continues  in  possession  of 
the  same,  without  the  permission  of  the  landlord,  after  the  default  in  the  pay- 
ment of  the  rent  as  aforesaid ;  and  that  satisfaction  of  the:  said  rent  could  not 
be  obtained  by  distress  of  any  goods.  Whereupon  I  issued  a  summons, 
requiring  the  tenant  to  remove  from  said  premises,  or  to  show  cause  before 
me,  at  a  certain  time  now  past,  why  the  landlord  should  not  be  put  in  posses- 
sion of  the  said  premises.  And  whereas  on  {or  before)  the  time  appointed  in 
such  summons,  the  said  C.  D.  being  in  possession  {or  claiming  possession)  of 
said  premises,  having  filed  an  affidavit  with  me  the  undersigned,  who  issued 
said  summons,  denying  the  facts  {or  some  or  one  of  the  facts)  upon  which  saio 
sunnnons  was  issued:  And  a  jury  having  been  regularly  nominated,  summon- 
ed, balloted  for,  and  sworn,  i^  pursuance  of  the  directions  of  the  statute  it. 
such  case  made  and  provided,  to  determine  the  matters  controverted  between 
the  said  parties ;  and  the  said  jury  after  hearing  the  pioofs  and  allegations  of 
the  parties,  and  being  kept  together  by  a  proper  officer  duly  sworn  until  they 
were  agreed  on  their  verdict,  having  found  a  verdict  in  favor  of  the  said  A.  B. : 
Now,  therefore,  the  People  of  the  State  of  New  York  command  you  to  re- 
move all  persons  from  the  said  premises,  and  put  the  said  A.  B.  in  full  posses- 
sion thereof,  and  collect  $6  costs  of  this  proceeding. 

In  witness  whereof,  I  have  subscribed  these  presents,  this  11th  day  of 
June,  in  the  year  1860. 

S.  T.,  Judge,  &c. 

JSo.  3r. 

NOTICE    BY   THE  TENANT    OF   HIS   INTENTION    TO  QUIT  THE  PREMISES  HELD  BY  HIM  AS 
A    TENANT   AT    WILL    OJ?    SUFFERANCE. 

To  a  D. : 

Sir — Take  notice  that  I  intend  to  quit  the  premises  situate  in  this  village, 
and  holden  by  me  under  you  as  a  tenant  at  will  {or  sufferance),  on  the  1st  day 
of  May  next. 

Dated  the  11th  day  of  April,  1860.  Yours,  &c., 

C.  D 


LANDLORD  AM)  TEXANT.  381 

T«"o.    38. 

COMPLAINT    FOR    FORCIBLE    ENTRY   AND    DETAINER. 

Albany  County,  ss.  The  complaint  of  A.  B.,  of  Albany,  in  paid  county,  to 
J.  J.,  Judge  of  said  county,  showeth  :  That  C.  D.  of  Albany  aforesaid,  on  the 
1st  day  of  March,  in  the  year  1860,  at  the  city  of  Albany,  in  the  county  afore- 
said, did  unlawfully  make  a  forcible  entry  into  the  lands  and  possessions  of  this 
complainant,  to  wit:  the  dwelling  house  and  appurtenances  of  this  complain- 
ant, the'-e  situate,  bounded,  &c. :  (insert  boundaries.)  And  then  and  there 
with  strong  hand  and  with  multitude  of  people,  did  violently,  forcibly,  and 
unlawfully  eject  and  expel  the  complainant  from  his  said  lands  and  possessions, 
wherein  this  complainant  had  at  the  time  afoi-esaid  an  estate  of  freehold  (or 
other  estate  as  the  case  may  be),  then  and  still  subsisting.  And  that  the  said 
C.  D.  still  doth  hold  and  detain  the  said  lands  and  possessions  from  the  said 
A.  B.  unlawfully,  forcibly,  and  with  strong  hand,  against  the  form  of  the 
statute  in  such  case  made  and  provided. 

Dated  this  2d  day  of  June,  in  the  year  1860.  A.  B. 


IS"o.     •3t>. 

AFFIDAVIT    TO    ACCOMPANY    THE    COMPLAINT. 

Albany  County,  ss.  A.  B.  being  duly  sworn,  saith  that  C.  D.,  of  Albany, 
in  said  county,  on  the  2d  day  of  March,  in  the  year  1860,  at  the  town  and  in 
the  county  aforesaid,  did  unlawfully  make  a  forcible  entry  into  this  deponent's 
dwelling  house,  situate  in  said  town,  bounded,  &c.  (insert  description),  and 
then  and  there  with  strong  hand  and  with  multitude  of  people  did  violently, 
forcibly,  and  unlawfully  eject  and  expel  this  deponent  from  his  said  dwelling 
house,  and  doth  still  unlawfully,  forcibly,  and  Avith  strong  hand,  detain  and 
hold  the  said  dwelling  house,  and  the  possession  thereof,  from  this  deponent. 
And  tins  deponent  further  saith,  that  he  had  an  estate  of  freehold  in  the  said 
dwelling  house  at  the  time  of  the  said  forcible  entry  and  detainer,  which  then 
was  and  still  is  subsisting. 

A.  B. 

Sworn,  &c. 


ISTo.    4  0. 

PRECEPT    TO    SUMMON    THE    JURY    OF   INQUIRY. 

Albany  County,  ss.  To  the  Sheriff,  or  any  Constable  of  the  county  ol 
Albany :  In  the  name  of  the  People  of  the  State  of  New  York,  you  are 
hereby  commanded  to  cause  to  come  before  me,  at  my  office  in  the  city  of 
Albany,  in  said  county,  on  the  9th  day  of  June,  instant,  twenty-four  good  and 
lawful  inhabitants  of  the  said  county,  duly  qualified  by  law  to  serve  as  jurors, 
to  inquire  upon  their  oaths  for  the  said  People,  of  a  certain  forcible  entry  and 
detainer  unlawfully  made  by  C.  D.,  as  is  said,  into  the  dwelling  house  of  one 
A.  B.,  in  the  town  of  Albany,  in  said  county,  against  the  form  of  the  statute 
in  such  case  made  and  provided.     And  have  you  then  there  this  precept. 

Given  under  my  hand  the  2d  day  of  June,  in  the  year  1860. 

J.  J.,  Judge  &c 


382  THE  CLERK'S  ASSISTANT. 

ISo.    4  X. 

NOTICE    TO   THE    PERSON    COMPLAINED    OF. 

To  C.  D. : 

On  the  complaint  of  A.  B.,  of  the  city  of  Albany,  in  the  county  of  Albany^ 
made  to  me  the  undersigned  Judge  of  said  county,  that  you  did  unlawfully 
make  a  forcible  entry  into  the  dwelling  bouse  of  the  said  A.  B.,  situate  in  said 
town,  and  bounded  (insert  description),  and  then  and  there  with  strong  hand 
and  with  multitude  of  people  did  violently,  forcibly,  and  unlawfully  eject  and 
expel  the  said  A.  B.  from  his  said  dwelling  house,  and  do  still  unlawfully,  fbr- 
cibl}'-,  and  with  sh:^.:g  hand,  detain  and  hold  the  said  dw-elling  house,  and  the 
possession  thereof,  from  the  said  A.  B. ;  I  have  this  day  issued  my  precept, 
directed  to  the  Sheriff  or  any  Constable  of  said  county,  commanding  him  to 
cause  to  come  before  ine,  at  my  office  in  the  city  of  Albany,  ic.  s^'d  county, 
on  the  9th  day  of  June,  instant,  twenty-four  good  and  lawful  inhabitants  of 
the  said  county,  duly  qualified  by  law  to  serve  as  jurors,  to  inquire  upon  their 
oaths  of  the  said  iorcible  entry  and  detainer.  Of  all  which  you  are  hereby 
notified. 

Dated,  &c.  J.  J.,  Judge,  &c. 


nVo.    4!3. 

AFFIDAVIT    OF   SERVICE   OF    PRECEDING   NOTICE. 

Albany  County,  ss.  0.  P.  being  sworn,  saith  that  on  the  2d  day  of  June, 
instant,  he  served  a  notice,  of  which  the  annexed  is  a  copy,  on  C.  D.,  by  deUv- 
ering  the  same  to  him  personally  (or  by  delivering  the  same  on  the  premises 
in  question  to  A.  D.,  the  son  of  said  C.  D.,  of  the  age  of  twenty  years  ana 
upwards,  because  the  said  C.  D.  could  not  be  found  or  by  affixing  the  same  on 
the  front  door  of  the  house  in  question,  there  being  no  person  on  the  premises 
or  by  affixing  the  same  on  a  post  at  the  principal  entrance  of  said  premises, 
being  a  public  and  suitable  place,  there  being  no  house  or  person  on  said 
premises). 

0.  P. 

Sworn,  &c. 


JVo.    43. 

juror's   OATH. 


You  and  each  of  you  do  swear,  that  you  will  well  and  truly  inquire  into 
the  matters  complained  of  hj  A.  B.  against  C.  D.,  concerning  an  alleged  for- 
cible entry  and  detainer  of  lands  and  possessions,  and  a  true  inquisition  thereof 
will  make.     So  help  you  God. 


Wo.    44. 

INQtnSITION   OF   THE   JURY   OF  INQUIRY. 

Albany  County,  ss.  An  inquisition  taken  at  the  office  of  the  County  Judge 
in  the  cily  of  Albany,  in  the  county  of  Albany,  on  the  9th  day  of  June  in  the 
year  1860,  by  the  oatiis  and  affirmations  of  P.  Q..  &c.  (here  insert  the  names  of 
the  jurors  sworn  or  by  whom  the  inquisition  is  signed),  inhabitants  of  said 
county,  duly  qualified  to  serve  as  jurors,  before  J.  J.,  Esq.,  Judge  of  said 
countv,  who  say  upon  their  oaths  and  affirmations  aforesaid*  that  A.  B.,  of  the 
city  of  Albany,  aforesaid,  merchant,  long  since  had  an  estate  of  freehold  in  the 


LANDLORD  A^^D  TENANT.  383 

dwelling  house,  with  the  appurtenances,  situated  in  the  town  of  Albany  afore- 
said, and  bounded,  &:c;. ;  and  that  the  said  A.  B.  was  long  since  lawfully  and 
peaceably  possessed  thereof;  and  that  his  said  estate  and  possession  so  sub- 
sisted and  continued  until  C.  D.  of  the  "same  place,  blacksmith,  and  other  per- 
sons unknown,  on  the  2d  day  of  June,  1860,  with  strong  hand  and  with  mul- 
titude of  people,  did  forcibly  and  unlawfully  enter  into  the  said  land  and 
premises,  and  expel  him  the  said  A.  B.  therefrom.  And  him  the  said  A.  B. 
so  expelled  from  the  said  dwelling  house,  with  the  appurtenances  aforesaid, 
from  the  said  2d  day  of  Marcli,  1860,  until  the  day  of  the  taking  of  this  in- 
quisition, with  like  strong  hand  unlawfully  and  forcibly  did  keep  out,  and  doth 
yet  keep  out,  to  the  great  disturbance  of  the  peace  of  the  People  of  the  State 
of  New  York,  and  contrary  to  the  form  of  the  statute  in  such  case  made ;  and 
that  the  said  estate  of  the  said  A.  B.  still  subsists  therein. 

And  we,  the  jurors  aforesaid,  whose  names  are  hereto  set,  do,  on  the  evi- 
dence produced  before  us,  find  the  inquisition  aforesaid  true. 

P.  Q., 
L.  M., 
N.  O., 
R.  S.,  t&c,  &c. 


TRAVERSE. 


C.  D. 

ads.  >  On  the  complaint  of  A.  B. 

The  People. 


And  afterwards  on  the  11th  day  of  June,  in  the  year  1860,  before  the  said 
J.  J.,  Judge  of  said  county  of  Albany,  came  the  said  0.  D.,  in  his  proper  per- 
son, and  have  heard  the  said  inquisition  read,  says  that  he  is  not  guilty  of  any 
of  the  matters  set  forth  therein,  and  of  this  he  demands  trial. 

Or,  having  heard  the  said  inquisition  read,  says  that  he  the  said  C.  D.,  or 
his  ancestors,  or  those  whose  estate  he  has  in  said  lands,  have  been  in  quiet 
possession  thereof  for  three  whole  years  next  before  the  said  inquisition  was 
found,  and  that  his  interest  therein  is  not  ended  nor  determined,  and  of  this 
he  puts  himself  upon  the  country,  &c. 


JSo.    4  6. 

VENIRE    FOR    PETIT   JURT. 

"  Albany  County,  ss.  To  the  Sheriff,  or  any  Constable  of  said  county, 
Greeting:  The  People  of  tlie  State  of  New  York  command  you  to  summon 
personally  twelve  good  and  lawful  men  of  the  city  of  Albany,  in  said  county, 
duly  qualified  to  serve  as  jurors,  and  not  exempt  from  serving  on  juries  in 
Courts  of  Record,  and  in  no  wise  of  kin  to  A.  B.  or  C.  D.,  to  come  before 
J.  J.  Judge  of  said  county,  at  his  office  in  the  city  of  Albany  aforesaid,  on  the 
13th  day  of  June,  instant,  to  make  a  jury  of  the  country,  upon  their  oath  to 
try  a  certain  traverse  of  an  inquisition  found  upon  the  complaint  of  A.  B.,  and 
now  pending  before  the  said  J.  J.,  against  C.  D.  of  said  county,  blacksmith, 
for  a  certain  forcible  and  unlawful  entry  made  by  the  said  C.  D.  with  stron" 
hand,  int<j  the  dwelling  house  of  the  said  A.  B.  in  the  city  of  Albany,  in  said 
county,  and  for  the  forcible  and  unlawful  detainer  thereof,  against  the  form  of 
the  statute  in  such  case  made  and  provided ;  and  that  you  make  a  list  of  the 


884  THE  CLERK'S  ASSISTANT. 

persons  summoned,  certify  and  annex  the  same  to  this  precept,  and  make   re- 
turn hereof  to  me. 

Given  under  my  hand  the  11th  day  of  June,  in  the  year  1860. 

J.  J.,  Judge  of  Albany   County. 


i 


2<Co  .    ^To 

juror's  oath  upon  tee  traverse. 


You  and  eacn  of  you  do  swear,  that  you  will  well  and  truly  hear,  try  and 
determine  this  issue  of  traverse,  between  the  People  of  the  State  of  New 
York,  and  C.  D.,  the  defendant.     So  help  you  God. 


3>f  o  .    4  8. 

WARRANT    TO    THE    SHERIFF    OK   A    CONSTABLE    TO    MAKE    RESTITUTION, 

Albany  County^  ss.  The  People  of  the  State  of  New  York,  to  the  Sheriff, 
or  any  Constable  of  the  said  county,  Greeting :  Whereas,  A.  B.,  of  Albany, 
in  said  county,  did  on  the  2d  day  of  June,  1860,  make  complaint  to  the  un- 
dersigned, J.  J.,  Judge  of  said  county,  that  C.  D.,  of  Albany  aforesaid,  on  the 
. . .  .day  of. .  .  .,  &c.  (reciting  the  complaint  to  the  word  "provided,"  at  the 
end). 

Which  complaint  was  accompanied  by  an  affidavit  of  the  said  A.  B.,  stating 
(recite  the  substance  of  the  affidavit). 

And  tliereupon  the  said  Judge  issued  his  precept  to  the  Sheriff,  or  any  Con- 
stable of  the  county  of  Albany,  commanding  them  to  cause  twenty-four  in- 
habitants of  the  same  county,  duly  qualified  to  serve  as  jurors,  to  come  before 
the  said  Judge  at  his  office  in  the  city  of  Albany,  in  said  county,  on  the  9th 
day  of  June,  1860,  to  inquire  of  such  forcible  entry. 

And  the  said  Judge  immediately  -caused  a  notice  in  writing  of  the  issuing 
of  such  precept,  and  of  the  time  and  place  of  the  return  thereof,  to  be  served 
on  the  said  C.  D.,  by  delivering  the  same,  &c.  (as  stated  in  the  affidavit  of 
service). 

And  at  the  day  and  place  appointed  for  the  return  of  the  said  precept  for 
summoning  a  jury,  the  said  precept  was  returned;  and  a  jury  of  twenty  per- 
sons being  returned,  therein  summoned,  appeared  and  were  duly  sworn,  well 
and  truly  to  inquire  into  the  matters  complained  of,  and  a  true  inquisition 
thereof  to  make.  And  the  said  jury,  so  sworn,  then  and  there  proceeded  to 
make  inquiry  into  the  forcible  entry  aforesaid,  and  heard  and  examined  wit- 
nesses on  oath  duly  administered  by  the  said  Judge,  and  made  and  signed  their 
inquisition  before  said  Judge,  and  delivered  the  same  to  him. 

And  the  said  jury  thereby  found,  and  say  on  their  oaths,  that  the  said  A. 

B.  long  since  had  an  estate  of  freehold,  &c.  (as  in  the  inquisition  to   the  word 
"therein,"  near  the  end). 

And  afterwards,  to  wit,  on  the  9th  day  of  June,  in  the  year  1860,  the  said 

C.  D.  traversed  the  said  inquisition  in  writing,  and  thei'eby  said  that  he  was 
not  guilty,  (fee.  (reciting  the  traverse  to  the  end  thereof). 

And  thei-eupon  the  said  Judge  issued  a  precept,  to  the  Sheriff  or  any  Con- 
stable of  said  county,  commanding  him  to  summon  twelve  qualified  jurors,  to 
come  before  said  Judge,  at,  &c.,  on,  <fec.  (as  in  the  venire),  to  try  the  said 
traverse;  whereupon  the  jurors  therein  mentioned  were  summoned,  returned, 
and  impanneled  in  the  same  manner  as  is  provided  by  law  in  civil  actions 
before  Justices  of  the  Peace,  and  were  sworn  by  the  said  Judge,  well  and 
truly  to  hear,  try  and  determii.e  the  said  travei'se,  and  were  kept  together  by 
the  said  Judge,  and  heard  and  examined,  upon  oath  administered  by  him,  all 


LANDLORD  AND  TENANT.  385 

competent  witnesses  offered.  And  after  hearing  the  proofs  and  allegations  of 
the  parties,  the  said  jurors  were  kept  together,  until  they  agreed  on  a  verdict, 
by  an  officer  sworn,  as  is  usual  in  courts  of  record. 

And  the  said  jurors  having  agreed  on  their  verdict,  came  before  the  said 
Judge  and  delivered  the  same,  and  thereby  found  and  declared  that  the  said 
C.  D.  was  guilty  of  the  forcible  entry  and  holding  of  said  premises,  in  manner 
and  form  as  is  alleged  in  the  said  inquisition. 

And  thereupon  the  said  Judge  awarded  restitution  of  the  said  prenjises  so 
forcibly  entered  and  held  out,  and  assessed  the  costs  and  expenses  of  the  said 
A.  B.,  in  and  about  the  said  proceedings,  at  §25.30. 

You  are  therefore  hereby  commanded  to  go  to  the  said  premises,  taking 
with  you  the  power  of  the  county  if  necessary,  and  to  cause  the  said  A.  B.  to 
be  restored  and  put  into  the  full  possession  of  the  said  dwelling  house  and  pre- 
mises, according  to  his  estate  and  right  therein  before  the  said  entry,  in  pur- 
suance of  the  statute  in  such  case  made  and  provided. 

And  you  are  also  commanded  to  levy  the  said  sum  of  ^25.30  of  the  goods 
and  chattels  of  the  said  C.  D.  (excepting  such  goods  and  chattels  as  are  by 
law  exempted  from  execution),  and  to  bring  the  money  before  me  within 
thirty  days  from  the  date  hereof,  to  render  to  the  said  A.  B. ;  and  ii'  no  goods 
or.chattels  can  be  found,  or  not  sufficient  to  satisfy  the  said  sum  of  money, 
you  are  commanded  to  take  the  body  of  the  said  C.  D.,  and  convey  him  to  the 
common  jail  of  the  said  county,  there  to  remain  until  the  said  sum  of  money, 
and  your  fees  for  collecting  the  same,  shall  be  satisfied  and  paid. 

Given  under  my  hand,  the day  of ,  in  the  year. , . ., 

J.  J.,  Judge,  &c. 

WARRANT   OF    RESTITUTION   WHEN    THE    DEFENDANT   DOES   NOT    TRAVERSE    THE 

INQUISITION. 

(Begin  and  proceed  as  in  the  last  form,  to  the  end  of  the  recital  of  the 
Inquisition ;  then  proceed  as  follows  :) 

And  whereas  the  said  C.  D.  did  not  traverse  the  said  inquisition  within 
twenty-four  hours  after  the  same  w-as  found  :  Therefore  the  said  Judge 
awarded  restitution  of  the  said  premises  so  forcibly  entered  and  held  out,  and 
assessed  the  costs  and  expenses  of  the  said  David  Smith  in  and  about  the  said 
proceedings  at  $25.  You  are  therefore  commanded  (as  in  the  last  form  to 
the  end). 


I«fo.    so. 

COMPLAINT   FOR   A   FORCIBLE    DETAINER,    OR    HOLDING    OUT   AFTER   A    PEACEABLE 

ENTRY. 

Albany  County,  ss.  The  complaint  of  A.  B.,  of  Albany,  in  the  said  county, 
to  J.   J.,  Judge  of  said  county,  showeth  : 

That  the  said  A.  B.,  on  the  2d  day  of  Iklarch,  in  the  year  1860,  and  long 
before  that  day,  had  an  estate  of  freehold  {or  a  term  of  years,  as  the  case  may 
be),  in  all  that  certain  lot  of  land,  with  the  house  and  other  buildings  thereon 
with  the  appurtenances,  situate  in  the  town  of . . .  .,  in  said  county,  bounded 
as  follows  (insert  description),  and  which  said  estate  of  freehold  (or,  which 
said  term  of  years)  is  still  subsisting:  And  that  C.  D.,  of  the  city  of  Albany, 
aforesaid,  on  the  2d  day  of  March  aforesaid,  while  the  said  A.  B.  was  in  the 
possession  of  the  said  premises,  entered  thereon  in  a  peaceable  manner,  and 
thenceforth  by  force  and  with  strong  hand  hath  held  and  kept,  and  still  holds 
and  keeps  the  said  A.  B.  out  of  the  possession  thereof,  contrary  to  the  form 
of  the  statute  in  such  case  made  and  provided. 

A.  B. 

49 


386  THE  CLERK'S  ASSISTANT. 

ISO.    Gl. 

AFFIDAVIT    ACCOMPANYING    THE    PRECEDING    COMPLAINT. 

Albany  County,  ss.«  A.  B.,  of  Albany,  in  the  said  county,  being  sworn, 
saith,  that  on  the  2d  day  of  March,  in  the  year  1860,  and  long  betbre  that 
day,  this  deponent  had  an  estate  of  freehold  (or  a  term  of  years,  &c.,  as  the 
case  may  be)  in  all  that  certain  lot  of  land,  with  the  house  and  buildings 
thereon,  described  in  the  annexed  complaint,  and  which  said  estate  of  freehold 
(or  term  of  years)  is  still  subsisting :  And  that  C.  D.,  of  Albany  aforesaid,  on 
the  2d  day  of  March  aforesaid,  while  the  said  A.  B.  was  in  the  possession  of 
said  premises,  entered  therein  in  a  peaceable  manner  ;  and  thenceforth  by  force 
and  with  strong  hand,  hath  held  and  kept,  and  still  holds  and  keeps,  the  said 
A.  B.  out  of  the  possession  thereof. 

Sworn.  &c.  "A.  B. 


CHAPTER  XXYII. 

LUNATICS. 

When  any  person,  by  lunacy  or  otherwise,  becomes  fariously 
mad,  or  so  far  disordered  in  his  senses  as  to  endanger  his  own  per- 
son or  the  persons  or  property  of  others  if  permitted  to  go  at  large 
may  be  confined  and  is  to  be  maintained  at  his  own  expense  if  he 
have  sufficient  property ;  if  he  have  not  sufficient  property,  then 
at  the  expense  of  his  father  and  mother,  or  his  children  provided 
they  are  of  sufficient  ability  to  maintain  such  person ;  but  if  they 
have  not  sufficient  ability  then  he  is  to  be  maintained  at  the  ex- 
pense of  the  town  or  county  to  which  he  may  be  chargeable. 

It  is  the  duty  of  the  overseers  of  the  poor  of  the  city  or  town  to 
see  that  such  person  is  properly  provided  for ;  and  where  such 
lunatic  is  at  large,  to  compel  the  committee  of  such  lunatic,  if 
such  committee  have  been  appointed,  or  where  there  is  no  com- 
mittee to  compel  his  parents  or  children  to  take  care  of  such 
lunatic. 

Where  there  is  no  such  committee  or  relative  of  sufficient  ability, 
it  shall  be  the  duty  of  the  overseers  of  the  poor  of  the  city  or 
town  where  any  lunatic  or  mad  person  shall  be  found  to  apply  to 
any  two  Justices  of  the  Peace  of  the  same  city  or  town,  who 
upon  being  satisfied  upon  examination  that  it  would  be  danger- 
ous to  permit  such  lunatic  to  go  at  large,  shall  issue  their  warrant 
directed  to  the  constables  and  overseers  of  the  poor  of  such  city 
or  town,  commanding  them  to  cause  such  lunatic  or  mad  person 
to  be  apprehended  and  confined.  And  such  order  to  apprehend 
and  confine  may  be  issued  upon  the  view  of  two  Justices,  or  upon 
the  information  or  oath  of  others  without  any  application  by  the 
overseers. 


388  THE  CLERK'S  ASSISTANT. 

This  confinement  is  only  temporary  and  such  as  is  demanded 
by  the  exigencies  of  the  case.  And  it  is  the  duty  of  the  super- 
intendents and  overseers  of  the  poor  to  see  that  within  ten  days 
thereafter  such  lunatic  is  sent  to  the  State  Lunatic  Asylum,  or  to 
such  public  or  private  asylum  as  may  be  approved  by  a  standing 
order  or  resolution  of  the  supervisors  of  the  county.  But  neither 
justices,  superintendents  or  overseers  of  the  poor  shall  order  or 
approve  of  such  confinement  without  having  the  evidence  of  two 
reputable  physicians,  under  oath  as  to  the  alleged  fact  of  insanity ; 
and  their  testimony  is  to  be  reduced  to  writing  and  with  the 
proof,  of  the  facts  and  proceedings  are  to  be  filed  in  the  County 
Clerk's  office. 

When  a  person  in  indigent  circumstances,  not  a  pauper,  becomes 
insane,  application  may  be  made  in  his  behalf  to  the  County  Judge 
of  the  county  where  he  resides ;  and  said  Judge  shall  call  two  re- 
spectable physicians  and  other  credible  witnesses,  and  fully  inves-. 
tigate  the  facts  of  the  case,  and  either  with  or  without  the  verdict 
of  a  jury  at  his  discretion,  as  to  the  question  of  insanity  shall  decide 
the  case  as  to  his  indigence.  And  if  the  Judge  certifies  that  sat- 
isfactory proof  has  been  adduced  showing  him  insane,  and  his 
estate  is  insufficient  to  support  him  and  his  family  {or  if  he  has 
no  family,  himself),  under  the  visitation  of  insanity,  on  his  cer- 
tificate authenticated  by  the  County  Clerk  and  seal  of  the  county 
courts,  he  shall  be  admitted  into  the  asylum  and  supported  there 
at  the  expense  of  said  county,  until  he  shall  be  restored  to  sound- 
ness of  mind,  if  effected  in  two  years. 


FORMS. 


ISTo.    1. 

INFORMATION    SWORN   BEFORE    TWO   JUSTICES. 

County  of  Rensselaer,  Town  of  Greenhush,  ss.  A.  B.  being  sworn  says» 
that  H.  H.  of  said  town  is  so  far  disordered  in  his  mind  as  to  endanger  his  own 
person,  or  the  person  or  property  of  others  if  permitted  to  go  at  large  and 
that  said  H.  H.  is  now  permitted  to  go  at  large  by  his  friends,  and  that  no 
committee  of  his  person  has  been  appointed  to  the  knowledge  or  belief  of 
this  deponent  {or  that  said  H.  H.  has  no  property  or  parents  or  children  to  the 
knowledge  or  beUef  of  this  deponent). 

Subscribed  and  sworn  before  us  ) 
this  June  12th,  1860,       •     ) 
C.  C, 
B.  B., 

Justices  of  the  Peace. 


No.    3. 

FORM    OF    WARRANT   TO    CONFINE   A   LUNATIC. 

County  of  Rensselaer,  ss.  To  the  Constables  and  Overseers  of  the  Poor  of 
the  town  of  Greenbush,  in  said  county :  A.  B.,  a  lunatic,  having  been  found 
in  said  town,  so  far  disordered  in  his  senses,  as  to  endanger  his  own  person  or 
the  person  or  property  of  others,  if  permitted  to  go  at  large,  and  no  provi- 
sion having  been  made,  either  by  the  relatives  or  any  committee,  for  confining 
or  maintaining  such  lunatic,  the  undersigned,  two  of  the  Justices  of  the  Peace 
of  said  tow^n  {or  city),  on  the  appUcation  of  the  overseers  of  the  poor  of  said 
town  {or  upon  our  own  view),  being  satisfied  upon  examination  {or 
"  upon  "information  on  oath  to  us  given,"),  that  the  said  A.  B.  should  be  forth- 
with confined;  you  are,  there^re,  hereby  commanded,  to  cause  the  said 
lunatic  to  be  safely  locked  up  in  such  secure  place  as  said  overseers  may  pro- 
vide, in  conformity  to  law. 

Given  under  our  hands,  at ,  this  12th  day  of  June,  1860. 

C.  D., 
E.  F., 

Justices. 


^: 


390  THE  CLERK'S  ASSISTANT. 

No.    3. 

WARRANT   TO    BRING   LUNATIC   BEFORE   JUSTICES   OR   JUDGE. 

To  any  Constable  of  the  town  of  Greenbusli,  in  the  county  of  Rensselaer: 

Application  having  been  made  to  us  two  of  the  Justices  of  the  Peace  of  the 
said  town  (or  to  the  County  Judge  of  said  county),  by  the  overseers  of  the 
poor  {or  by  H.  L.),  of  said  town  that  A.  B.,  an  inhabitant  of  said  town,  is  so  far 
disordered  in  his  senses  as  to  endanger  his  own  person,  or  the  person  or  pro- 
perty of  others,  if  suffered  to  go  at  large.  You  are*  therefore  commanded,  in 
the  name  of  the  People  of  the  State  of  New  York  to  apprehend  the  said  A. 
B.  and  bring  him  before  us  forthwith  at  the  office  of  the  said  E.  P.,  in  said 
town  that  we  {or  before  me  at  my  office  in  the  city  of  Troy  that  I)  may 
examine  in  regard  to  the  said  A.  B.,  and  make  such  further  order  in  the  pre- 
mises as  the  exigencies  of  the  case  and  the  law  requires. 

E.  E.,  Rensselaer  County  Judge.     (Or 

E.  E., 

F.  R, 

Justices), 


ISTo,    4. 
ORDER   SENDING   A    LUNATIC   TO   THE   ASTLUM. 

County  of  Rensselaer,  ss.  It  is  hereby  ordered,  by  the  county  superintendents 
of  the  poor  of  the  county  of  Rensselaer,  that  A.  B.,  a  lunatic,  who  is  charge- 
able to  the  said  county  {or  to  the  town  of  Greenbush,  in  said  county),  be  sent 
to  the  lunatic  asylum  in  the  city  of  New  York  {or  in  the  city  of  Utica),  the 
expense  of  which  support  at  the  asylum  is  to  be  paid  by  the  treasurer  of  said 
county  of  Rensselaer. 

Given  under  our  hands,  at this  12th  day  of  June,  1860. 

C.  D., 
E.  P., 
G.  H., 
Superintendents  of  the  Poor. 


No,    5, 

AFFIDAVIT   OF    PHYSICIANS. 


County  of  Rensselaer,  ss.  B.  B.  and  M.  M.,  physicians  living  in  the_  town 
of  Greenbush,  county  aforesaid,  being  severally  sworn,  does  each  for  himself 
depose  and  say  that  he  has  carefully  examined  into  the  mental  state  and  con- 
dition of  A.  B.,  and  particularly  in  reference  to  his  alleged  lunacy  or  insanity, 
and  that  in  their  and  each  of  their  opinion  derived  from  such  examination  the 
said  A.  B.  is  a  confirmed  lunatic. 

B.  B. 

Sworn,  &C.  M.  K 


LUNATICS.  391 

No.    6. 

APPLICATION   TO   COUNTY   JUDGE. 

To  the  Hon.  0.  C,  County  Judge  of  Rensselaer  County. 

The  petition  of  R.  R.,  of  the  town  of  Greenbush  in  said  county,  rsspectfully 
showeth : 

That  A.  B.,  a  resident  of  said  town  is  a  lunatic,  and  is  now  in  the  care  and 
custody  of  L.  L.  of  said  town  {or  is  wandering  about  in  such  manner  as  to 
endanger  his  own  person,  or  the  person  and  property  of  other  persons),  that 
he  is  in  indigent  circumstances,  and  has  no  property  either  in  his  own  posses- 
sion, or  held  by  any  person  in  trust  for  him  sufficient  for  his  support  (or  for 
the  support  of  himself  and  his  family)  under  the  visitation  of  insanity  afore  • 
said.  Your  petitioner  therefore  prays,  that  an  examination  and  investigation 
may  be  had  in  the  premises  in  accordance  with  the  provisions  of  the  statute. 

R.  R.. 

Greenbush,  June  12,  1860. 


No.    7. 

AFFIDAVIT   ANNEXED   TO   FOREGOING   PETITION. 

Rensseiaer  County,  ss.  R.  R.,  the  above  named  petitioner  being  sworn 
says  that  he  has  read  the  foregoing  petition  by  him  subscribed,  and  knows  the 
contents  thereof,  and  that  the  same  are  true  except  as  they  are  stated  on  infor- 
mation and  belief,  and  as  to  those  matters  he  believes  them  to  be  true. 

Sworn,  &c  R-  R- 


liTo.    8. 

SUBPCENA   TO   EXAMINE   IN   REGARD   TO   LUNACY. 

State  of  New  York,  Rensselaer  County,  ss.  To  P.  P.,  E.  X.,  and  T.  T. 
Greeting :  In  the  name  of  the  People  of  the  State  of  New  York,  you  are 
hereby  commanded  to  appear  before  the  undersigned,  at  his  office  in  the  city 
of  Troy,  in  said  county,  on  the  14th  day  of  June,  1860,  at  ten  o'clock  in  the 
forenoon  {or  forthwith),  to  give  evidence  in  a  certain  matter  touching  the  men- 
tal condition  and  pecuniary  circumstances  of  A.  B.,  of  Greenbush,  in  your 
county.  Hereof  fail  not  at  your  peril. 
,  Witness  my  hand  this  12th  day  of  June,  1860. 

N.  0.,  Judge  of  Rensselaer  County. 


I^o.  9. 
CERTIFICATE  OF  COUNTY  JUDGE. 

County  of  Rensselaer.  In  the  matter  of  A.  B.  an  alleged  and  indigent  lunatic. 
Application  having  been  made  to  me,  by  the  overseers  of  the  poor  of  the 
town  of  Greenbush  {or  by  R.  R.)  for  an  examination  in  regard  to  the  mental 
state  and  condition,  and  alleged  indigence  of  A.  B.,  of  said  town:  I  there- 
upon directed  E.  E.  and  F.  P.,  two  reputable  physicians  of  said  town  to 
examine  the  said  A.  B.  in  regard  to  his  mental  condition,  and  they  having 
made  such  examination,  and  having  certified  to  me  that  the  said  A.  B.  is  a 
confu'med  lunaj;ic,  and  that  his  going  at  large  would  endanger  his  own  person 
and  the  person  and  property  of  others.  And  I  having  received  proof  that  said 
A.  B.,  is  in  indigent  circumstances :     Now,  therefore,  I  hereby  certify,  that  it 


392  THE  CLERK'S  ASSISTANT. 

satisfactorily  appears  to  me,  from  said  evidence  and  proof,  that  the  said  A.  B. 
is  a  lunatic,  and  that  he  has  not  sufficient  estate  of  any  kind  for  his  support 
{or  for  the  support  of  himself  and  his  family)  under  the  dispensation  aforesaid. 
Given  under  my  hand  at  Troy,  this  12th  day  of  June,  1860. 

N.  0.,  Judge  of  Rensselaer  County. 


I 


No.  lO. 

CERTIFICATE   OF   COtTNTY   JUDGE. 

Belore  T.  V.  A.,  County  Judge  of  the  County  of  Albany. 

County  of  Albany,  ss.  In  the  matter  of  A.  B.,  an  alleged  indigent  lunatic. 
Whereas,  an  application  has  been  made  to  me,  T.  V.  A.,  County  Judge  of  the 
said  county  of  Albany,  in  behalf  of  A.  B.,  who  resides  in  the  town  of  Berne, 
in  said  county,  for  a  certificate  entitling  him  to  admission  into  the  State  Luna- 
tic Asylum  at  Utica,  as  a  person  in  indigent  circumstances,  not  a  pauper ;  and 
I,  the  said  Judge,  having  given  reasonable  notice  of  the  time  and  place  of 
hearing  to  B.  G-.,  Overseer  of  the  Poor  of  the  town  of  Berne,  in  the  county 
of  Albany,  which  county  is  chargeable  with  the  expense  of  supporting  said 
person  in  the  asylum ;  and  having  called  two  respectable  physicians  and  other 
credible  witnesses,  and  fully  investigated  the  facts  of  the  case,  do  hereby  cer- 
tify that  satisfactory  proof  has  been  adduced  to  me  showing  the  said  A.  B.  to 
be  insane,  and  that  he  became  insane  within  one  year  next  prior  to  the  date 
hereof,  and  that  his  estate  is  insufficient  to  support  him  and  his  family  under 
the  visitation  of  insanity. 

Given  under  my  hand,  at  Albany,  K  Y.,  this  2d  day  of  February,  A.  D.  1872. 
T,  V.  A.,  County  Judge  of  the  County  of  Albany. 


No.   11. 

COUNTY   judge's   REPORT   TO   SUPERVISORS   INDORSED   ON   COPY   CERTIFICATE. 

To  the  Supervisors  of  the  County  of  Rensselaer: 

Gents  —  Please  to  take  notice,  the  within  is  a  copy  of  a  certificate  contain- 
ing the  facts  this  day  found  by  me  in  regard  to  the  lunacy  and  indigence  of 
the  within  named  A.  B. 

Yours,  etc., 

N.  0.,  Rensselaer  County  Judge. 
Troy,  June  12,  1860. 


CHAPTER  XXYIII. 
mechanics'  lien. 

In  1854,  an  act  was  passed  the  Legislature  for  tlie  better  ^Jc^^- 
rity  of  mechanics  and  laborers  in  erecting,  altering  or  repairing 
any  house,  building  or  the  appurtenances  to  any  house  or  build- 
ing in  certain  counties  of  this  State,  and  by  an  act  passed  in  1858, 
the  provisions  of  the  former  act  were  extended  and  declared  to 
be  applicable  to  all  the  counties  of  this  State,  except  the  counties 
of  New  York  and  Erie. 

By  the  provisions  of  this  act  any  person  who  shall  perform 
any  labor  in  erecting,  altering  or  repairing  any  house,  building,  or 
the  appurtenances  thereof,  by  filing  with  the  town  clerk  where  the 
property  is  located,  a  notice  specifying  the  amount  of  the  claim, 
and  the  person  against  whom  the  claim  is  made,  the  name  of  the 
owner  of  the  building,  and  the  situation  of  the  same,  shall  have  a 
lien  for  the  value  of  such  labor  and  materials  upon  such  house 
or  building,  and  upon  the  lot,  parcel  or  farm  of  land  upon  which 
the  same  shall  stand.  Whenever  the  notice  is  filed  by  a  sub-con- 
tractor, or  the  assignee  of  any  contractor,  the  owner  of  the  pro- 
perty cannot  be  made  liable  for  a  greater  amount  than  that  speci- 
fied or  stipulated  in  the  original  contract. 

Any  owner  of  any  building  so  altered  or  repaired,  paying 
money  on  the  original  contract  by  collusion  with  the  original 
contractor,  will  still  be  held  liable  as  if  such  money  had  not  been 
paid  to  the  original  contractor. 

The  town  clerk  is  to  keep  a  book  called  a  "Lien  Docket,"  in 
which  a  minute  of  all  such  claims  are  to  be  entered,  and  the 
names  of  the  owners  or  persons  against  whom  claims  are  mada 
shall  be  entered  in  said  book  in  alphabetical  order. 
50 


394  THE  CLERK'S  ASSISTANT. 

The  person  so  attempting  to  acquire  a  lien  may,  after  such 
labor  has  been  performed  or  materials  furnished,  and  the  service 
of  the  notice  above  specified,  bring  an  action  in  the  Supreme 
Court  of  the  county  when  the  amount  exceeds  fifty  dollars,  by 
serving  a  notice  of  the  claim  and  the  nature  and  amount  thereof 
requiring  the  said  owner  to  appear  in  person,  or  by  attorney, 
within  thirty  days  after  such  service,  and  answer  the  same,  and 
serve  a  copy  of  such  answer,  together  with  a  notice  of  any  set 
off  that  he  may  have  on  the  claimant  or  his  attorney,  or  in 
default  thereof,  judgment  will  be  taken. 

If  the  amount  of  the  claim  is  for  one  hundred  dollars  or  under, 
the  action  may  be  commenced  in  the  Justices'  Court,  and  the 
notice  is  returnable  in  not  less  than  thirty  days. 

The  notice  is  to  be  served  personally,  but  if  it  cannot  be  served 
personally,  then  it  may  be  served  by  leaving  a  copy  of  such 
notice  at  the  last  place  of  residence  of  the  owner,  and  publishing 
a  copy  thereof  in  a  newspaper  of  the  county  for  three  weeks 
successively.  A  bill  of  particulars  of  the  demand  is  to  be  served 
with  the  notice,  except  that  such  bill  need  not  be  published. 

If  the  owner  of  the  building  fail  to  appear  on  the  return  day, 
the  applicant  will  prove  his  case  and  take  judgment.  If  the 
owner  of  the  building  appear  in  the  Justices'  Court,  then  the 
action  may  be  tried  in  the  same  manner  as  other  actions  in  the 
Justices'  Court.  If  the  action  is  in  the  Supreme  Court,  on  join- 
ing issue,  the  action  is  placed  upon  the  calendar  and  tried  as  other 
actions  are  tried  in  that  court,  and  judgments  thereon  are  to  be 
docketed  and  become  liens,  and  appeals  therefrom  may  be  taken 
in  the  same  manner  as  judgments  in  other  actions. 

Every  lien  created  under  the  provisions  of  this  act,  shall  con- 
tinue until  the  expiration  of  one  year,  unless  sooner  discharged, 
and  where  more  than  one  lien  is  created  by  virtue  of  the  forego- 
ing provisions,  they  are  to  be  paid  and  settled  according  to  the 
priority  of  filing  notice  with  the  town  clerk. 

Liens  may  be  discharged  by  filing  with  the  town  clerk  a  satis- 
faction piece  properly  acknowledged :  or  by  depositing  with  the 
clerk  a  sum  of  money,  being  double  the  amount  claimed  in  the 
notice :  or  by  an  entry  of  the  town  clerk  in  the  book  of  liens, 
that  the  proceedings  have  been  dismissed,  or  a  judgment  ren- 


MECHANICS'  LIEN.  .  395 

dered  against  the  claimant  by  the  court  in  which  it  is  brought ; 
or  by  an  affidavit  of  the  service  of  -a  notice,  requiring  such  claim- 
ant to  commence  an  action  for  the  enforcement  of  said  lien  within 
twenty  days  after  service  of  said  notice,  and  the  failure  of  said 
claimant  to  commence  an  action  as  aforesaid. 

If  proceedings  are  commenced  within  the  year  to  enforce  or 
foreclose  the  lien,  then  such  lien  shall  continue  until  judgment  is 
rendered  therein,  and  for  one  year  thereafter.  Such  lien  shall 
also  continue  during  the  pendency  of  any  appeal,  and  for  one 
year  after  the  determination  thereof.     {Lcma  of  1871,  choyp.  363.) 


•     1! 


FORMS. 


3Vo.    1. 

contractor's  notice  of  lien. 
To  S.  C,  Town  Clerk  of  the  town  of  Bern,  in  the  county  of  Albany : 

Take  notice  that  I,  a  resident  of  said  town,  have,  or  claim  to  have,  a  lien 
upon  the  building  hereinafter  described  and  the  appurtenances,  and  the  lot  upon 
which  the  same  stands,  as  security  for  the  amount  due  me  in  pursuance  of  the 
statute  in  such  case  made  and  provided.  That  said  building  is  known  as  No. 
50  on  Main  street  in  Bernville,  or  stands  on  the  lot  bounded  and  described  as 
follows:  (insert  description,)  and  said  house  and  lot  is  owned  by  C.  D.  * 
That  the  claim  against  said  lot  or  the  owner  thereof  is  for  work,  labor  and 
services  as  carpenter  and  joiner,  and  for  materials  furnished  by  me  as  the  con- 
tractor Avith  the  said  C.  D.,  for  the  building,  altering  or  repairing  said  house, 
under  and  in  pursuance  of  an  agreement  made  with  said  C.  D. ;  that  thirty 
days  have  not  elapsed  since  the  performance  and  completion  of  such  labor  {or 
the  furnishing  the  materials). 

Yours,  &c., 

Bern,  June  13,  1860.  -  A.  B. 

3?fo.   a. 

NOTICE   OF   LIEN   BY   OTHER   PERSON   THAN   CONTRACTOR. 

{As  in  the  last  form  to  the  *  and  then  as  follows:) 

That  the  claim  against  said  C.  D.  is  for  work  by  me  performed  as  a  carpen- 
ter and  joiner,  for  three  months'  labor  performed  by  me  on  said  building  in 
pursuance  of  an  agreement  with  A.  B.,  the  contractor,  amounting  to  $150  (or 
is  for  a  large  quantity  of  lumber  and  building  materials  furnished  for  and  used 
in  the  erection  of  said  house  in  pursuance  of  an  agreement  with  said  A.  B. 
amounting  to  the  sum  of  $75)  and  that  thirty  days  have  not  elapsed  since  the 
performance  and  completion  of  said  labor  {or  since  the  said  materials  were 
furnished). 

Yours,  &c., 

Bern,  June  13,  1860.  E.  F. 


ISo.    S. 

contractor's  NOTICE  TO  ENFORCE  LIEN  IN  SUPREME  COURT. 

In  Supreme  Court — Albany  County. 


A.    B.,    Claimant, 

agt. 
C.  D.,  owner,  &c. 


To  the  above  named  C.  D. : 

Take  notice,  that  I  have  a  claim  against  you  amounting  to  the  sum  of  $75, 
ff^ith  interest  thereon  from  June  1,  1860,  for  three  months  labor  performed  on 


MECHANICS'  LIEN.  397 

your  Ijuilding  as  a  carpenter  or  joiner  (or  for  large  quantities  of  lumber  and 
building  material  furnished  for  and  used  in  the  erection  of  your  building),  in 
pursuance  of  the  agreement  made  with  you,  and  which  is  more  fully  sel  forth 
in  the  bill  of  particulars  hereto  annexed,  and  which  labor  was  performed  (or 
building  materials  were  used)  in  erecting  (or  altering  and  repairing)  the  building 
now  standing  on  the  lot  known  as  (insert  description  of  the  lot  on  which  the 
building  stands). 

And  also  take  notice,  that  within  thirty  days  after  the  performance  and  com- 
pletion of  such  labor  (or  the  furnishing  of  such  materials)  the  notice  required 
by  law  to  effect  a  lien  on  the  building  and  premises  above  mentioned  was  duly 
and  properly  filed  in  the  office  of  the  Town  Clerk  of  Bern.  * 

You  are  therefore  hereby  required  to  appear  in  person  or  by  Attorney, 
within  thirty  days  after  the  service  of  this  notice,  and  answer  the  same ;  and 
to  serve  upon  me  or  my  Attorney,  a  copy  of  your  answer,  together  with  any 
notice  of  set  off  that  you  may  have  ;  or  in  default  thereof  judgment  will  be  taken 
against  you  for  the  sum  of  S75,  and  interest  thereon,  from  June  12,  1860,  to- 
gether with  costs  of  this  action. 

A.  B.,    Claimant, 

by 

June  15,  1860.  A.  L.,  his  Attorney. 


JSo.    4. 


NOTICE   BY   OTHER   PERSON   THAN   THE   CONTRACTOR   TO   ENFORCE   LIEN   IN   SUPREME 

COURT, 

In  Supreme  Court — Albany  County. 


E.  F.,  Claimant, 

agt. 
C.  D.,  Owner,  &c. 


To  the  above  named  C.  D.,  Esq.  : 

Take  notice  that  I,  E.  F.,  of  the  town  of  Bern,  have  a  claim  against  A.  B., 
the  contractor  for  the  erecting  (altering  or  repairing)  the  building  owned  by 
you  and  known  as  (insert  description)  amounting  to  the  sum  of  $75,  and 
interest  from  June  12,  1860,  for  three  months  labor  as  a  carpenter  and  joiner 
(or  for  large  quantities  of  lumber  and  building  materials,  furnished  for  and  used 
in  erecting  or  altering  said  building  in  pursuance  of  an  agreement  with  A.  B. 
the  contractor).  * 

And  also  take  notice  that  within  thirty  days  (then  as  in  the  last  form  to 
the  end). 


No.  a 

contractor's  notice  to  enforce  lien  in  a  justice's  court. 
Albany  County  Justice's  Court,  Town  of  Bern. 


A.  B.,  Claimant,     I 

agt.  >• 

C.  P.,  Owner,  &c.   \ 

Before  J.  R.  Esq.,  Justice,  Jsc 
To  the  above  named  C.  D, : 

(Then  as  in  No.  3  to  the  *  and  then  as  follows:) 

*  You  are  therefore  hereby  required  to  appear  in  person  or  by  attorney 
before  J.  R.,  Esq.,  Justice,  at  his  office  in  said  town  of  Bern,  on  the  16th  day 


398  THE  CLERK'S  ASSISTANT. 

of  July,  1860,  at  nine  o'clock  in  the  forenoon,  and  answer  this  notice,  or  your 
default  will  be  taken,  and  I,  the  said  claimant,  will  apply  for  judgment  against 
you  for  the  sum  of  $75  and  interest  thereon  from  June  12,  1860,  together 
with  costs  of  this  action. 

Tours,  &c.,  A.  B.,   Claimant. 

Bern,  June  15,  1860. 


JTo,    6. 

notice  by  other  than  contractor  to  enforce  a  lien  in  justices*  court. 
Albany  County  Justices'  Court. 


E.  R,  Claimant, 

agt. 

C.  D.,  Owner,  &c. 


Before  J.  R.  Esq.,  Justice. 
To  the  above  named  C.  D. : 

{Then  as  in  No.  4  to  the  *  then  as  follows:) 

And  also  take  notice  that  within  thirty  days  after  the  performance  and  com- 
pletion of  such  labor  (or  the  furnishing  of  such  materials)  the  notice  required 
by  law  to  effect  a  lien  on  the  building  and  premises  above  mentioned,  was 
duly  and  properly  filed  in  the  office  of  the  town  clerk  of  Bern. 
(Then  from  the  *  in  No.  5  to  the  end.) 


No.    v. 

claimant's   BILL   OF   PARTICULARS. 

Bill  of  particulars  referred  to  in  the  annexed  notice  and  claimed  to  be  due 
from  C.  D.,  the  owner  mentioned  in  said  notice  (or  from  A.  B.,  the  contractor 
therein  mentioned)  for  the  materials  furnished  (or  for  the  work  performed,  as 
therein  referred  to,  viz. : 

For  the  work  of  B.  B.  (or  C.  D.),  on  the  house  known  as  No.  50  Main  street, 

in  the  village  of  Bern,  ....  days  at  $2  per  day  from ...  to $75  (or  for 

materials  specifying  the  articles  and  when  furnished). 

A.  B.  {or  C.  D.) 

County  of  Albany,  ss.  A.  B.  (or  C.  D.)  the  above  named  claimant  being 
duly  sworn  says,  that  the  foregoing  bill  of  particulars  is  in  all  respects  true. 

A.  B.  (or  C.  D.) 
Sworn,  &c. 


Ifo.    8.  •   . 

AFFIDAVIT   OF   SERVICE    OF    NOTICE     AND    BILL    OF    PARTICULARS    INDORSED     CN   A 

COPY   OF   SAME. 

Albany  County,  ss.  E.  J.  being  sworn  says,  that  at  the  toAvn  of  Bern 
in  said  county,  on  the  15th  day  of  June,  1860,  he  personally  served  a  notice 
and  bill  of  particulars  of  which  the  within  are  copies  upon  C.  D.  within  named, 
to  him  known  to  be  the  person  therein  mentioned  and  described,  and  such 


MECHANICS'  LIEN.  399 

service  was  made  by  delivering  said  notice  and  bill  or  particulars  to  and 
leaving  the  same  with  the  said  C.  D. 

E.  J. 
Sworn,  &C. 


No.    ». 

AFFIDAVIT   OF   PUBUCATION   OF   NOTICE, 

State  of  New  York,  County  of  Albany,  ss.  M.  M.  of  the  city  and  county 
of  Albany,  and  State  of  New  York,  being  duly  swx)rn  deposetli  and  saith, 
that  he  is  the  printer  of  the  newspaper  called  the  Standard  of  Truth,  a 
public  newspaper,  printed  and  pubhshed  in  the  county  of  Albany,  where 
the  premises  described  in  the  annexed  printed  notice  are  situated.  Depo- 
nent further  saith,  that  the  notice  of  which  a  printed  copy  is  hereto  annexed, 
has  been  published  for  tliree  weeks  successively,  at  least  once  in  each  week, 
in  said  paper;  said  publication  having  been  commenced  on  the  25th  day  of 
May,  in  the  year  1860,  and  continued  for  three  weeks  at  least,  successively, 
at  least  once  in  each  week. 

M.  M. 

Subscribed  and  sworn  to  before  me,  and  certified 
by  me,  this  15th  day  of  June,  1860, 

J.  R.,  Justice  of  the  Peace. 


ISo.    lO. 

PROOF   OF   ABSENCE   OF   OWNER   WHEN    NOTICE   IS   PUBLISHED. 

Albany  County,  ss.  E.  J.  being  sworn  says,  that  he  is  well  acquainted  with 
C.  D.,  the  alleged  owner  of  the  building  and  premises  known  as  No.  50  Main 
street,  in  the  village  of  Bern,  and  that  said  0.  D.,  is  now  absent  from  this 
State,  and  has  been  absent  therefrom  for  two  months  last  past,  and  is  residing, 
as  deponent  is  informed  and  believes,  in  Milwaukie,  Wisconsin  (or  that  depo- 
nent has  made  careful  and  diligent  inquiry  to  find  the  said  C.  D.,  and  that  he 
the  said  C.  D.  cannot  be  found  in  said  county,  he  having  departed  therefrom 
about  four  weeks  since  and  has  not  since  returned). 

And  this  deponent  further  says,  that  on  the  25th  day  of  May,  1860,  he  left 
a  notice  and  bill  of  particulars,  of  which  the  within  are  copies,  at  the  last  place 
of  residence  of  the  said  C.  D.,  in  the  town  of  Bern  aforesaid. 

E.  J. 

Sworn,  &e. 


avo.  XI. 

PROOF   OF   owner's   DEFAULT. 

(Title  as  in  Nos.  3  and  4). 

A.  B.  {or  E.  F.)  above  named  being  duly  sworn,  says  that  no  answer  or 
copy  answer  or  notice  of  appearance  has  been  received  by  this  deponent  from 
the  said  C.  D.,  nor  from  any  one  in  his  behalf  in  the  above  named  action. 

A.  B.  (or  E.  F.) 
Sworn,  &c. 

(_Add  affidavit  of  Attorney  of  the   Claimant,  if  there  is  one,  that  no    answer 
or  notice  of  appearance  has  been  received.) 


400  THE  CLERK'S  ASSISTANT. 

No.    X3. 

JUDGMENT    ON    FAILURE    OF    OWNER   TO    APPEAR. 

(Title  as  in  jSTos.  3  and  4.) 

Judgment,  June  15,  1860. 

Tlie  notice,  together  with  the  bill  of  particulars  in  this  action,  having  been 
personally  served  on  the  above  named  C.  D.,  the  owner,  and  no  answer  or  copy 
thereof  having  been  served  upon  the  said  plaintiff  or  his  attorney,  as  required 
in  and  by  said  notice,  on  reading  and  filing  due  proof  of  such  service  of  notice 
and  bill  of  particulars  on  said  defendant  personally  (or  by  publication)  and  of 
default  of  the  defendant  to  appear  in  said  action ;  and  the  said  plaintiff  having 
given  evidence  provmg  that  he  has  acquired  a  good  and  vaHd  lien  upon  the 
building  and  premises  of  the  defendant  described  as  follows:  (insert  descrip- 
tion,) and  also  having  proved  the  value  of  the  services  performed  by  him  on 
said  building  (or  the  value  of  the  materials  furnished  in  erecting  or  altering 
said  building)  as  in  said  notice  stated;  and  the  plaintiff's  claim  herein  having 
been  assessed  at  the  sum  of  $75. 

Now,  therefore,  on  motion  of  A.  B.  (or  Gr.  H.,  attorney  for  the  plaintiff)  it 
is  ordered  and  adjudged  that  the  plaintiff  recover  of  C.  D.,  the  owner  and  de- 
fendant herein,  the  sum  of  $75  and  costs  and  disbursements,  amounting  in  the 
whole  to  the  sum  of  $ ... .  and ....  cents. 

E.  B.,   Clerk 


No.    13. 

ANSWER   OF  THE   OWNER. 

(Title  as  in  Nos.  3  and  4.) 

The  defendant  C.  D.,  for  answer  to  the  notice  of  the  plaintiff,  says  that  at 
the  time  of  filing-  said  notice  in  the  office  of  the  Town  Clerk,  he  was  not  in 
any  manner  nor  for  any  sum  indebted  to  the  said  A.  B.,  he  having  paid  him  in 
full  for  said  work  previous  to  the  time  of  filing  said  notice. 

C.  D.  (or  H.  G.,  Attorney  for  C.  D). 
Or, 

The  defendant,  C.  D.,  for  answer  to  the  notice  of  the  plaintiff  herein,  says 
that  the  said  A.  B.  is,  and  was  at  the  time  of  filing  said  notice,  indebted  to 
this  defendant  for  a  large  amount,  and  for  much  more  than  the  amount  men- 
tioned in  said  contract  as  the  sum  which  was  agreed  to  be  paid  for  the  work, 
labor  and  services  on  {or  for  building  materials  furnished  for)  said  building. 

And  the  defendant  claims  to  set  off  the  demands  above  referred  to  against 
the  claim  of  the  plaintiff  as  stated  in  his  notice  herein. 

C.  D.  {or  H.  G.,  Attorney  for  C.  D). 

Albany  County,  ss.  C.  D.,  the  owner  above  named  being  duly  sworn,  says 
the  foregoing  answer  is  in  all  respects  true. 

C.  D, 
Sworn,  &c. 


K^o.    14. 

BILL   OF    PARTICULARS    OF    OWNER. 

Bill  of  particulars  of  defendant  set  off  in  the  action  mentioned  in  the  fore- 
going answer. 


MECHANICS'  LIEN.  401 

A.  B.  To  C.  D.,  Dr. 

1860,  June  3.  To  cash  lent, ^20  00 

(Set  out  all  the  items  in  full.) 

Albamj   County,  ss.     C.  D.  being  sworn,  says  the  foregoing  bill  of  particu- 
lars of  set  off  is  correct,  and  the  same  is  in  all  respects  true. 


C.  D. 


Sworn,  AiC. 


ffo.    15. 

JUDGMENT    ON   ISSUE   AND  TRIAL. 

(Title  as  in  Nos.  3  and  4.) 

Judgment,  June  15,  186U. 

This  action  being  at  issue  on  the  calendar,  and  both  parties  in  open  court 
having  waived  a  jury,  and  the  same  having  been  tried  by  the  court  without  a 
jury,  and  the  court  having  found  that  there  is  due  on  the  claim  of  the  plaintiff 
the  sum  of  §75  and  the  lien  in  all  respects  legal  and  proper  (or  the  jury  having 
found  a  verdict  for  the  plaintiff  for  the  sum  of  $75). 

Now,  on  motion  of  G.  H.,  plaintiff's  attornej^,  it  is  hereby  adjudged  by  the 
said  court  that  the  plaintiff  recover  of  the  said  defendant  the  said  sum  of  $75, 
together  with  $35  costs  and  disbursements  herein,  amounting  to  ^110. 

R.  B.,    CUrh 


3?fo.    16. 

NOTICE    REQUIRING   CLAIMANT    TO    ENFORCE   HIS   LIEN. 

To  A.  B.  {or  E.  F.),  Claimant. 

Take  notice,  that  you  are  hereby  required  to  commence  an  action  within 
twenty  days  after  service  of  this  notice  to  enforce  a  lien  attempted  to  be 
created  by  you  on  the  premises  known  as  (insert  description)  which  notice  of 
lien  was  filed  by  you  in  the  Town  Clerk's  office  of  the  town  of  Bern,  on  or 
about  May  16,  1860. 

Tours,  &c., 

Bern,  June  15,  1860.  C.  D. 

ISO.    l"?. 

PROOF   OF   SERVICE   OF   THE   FOREGOING   NOTICE   INDORSED   THEREON. 

Albany  County,  ss.  L.  M.  being  sworu  says,  that  on  the  15th  day  of  June, 
1860,  at  the  town  of  Bern,  in  the  county  aforesaid,  he  served  on  the  within 
named  A.  B.  {or  E.  F.)  a  notice  of  which  the  within  is  a  copy,  and  that  he 
served  the  same  by  giving  the  said  notice  to  and  leaving  it  with  the  said  A. 
B.  {or  E.  F.) 

L.  M. 

Sworn,  &c.  


SATISFACTION    OF    A    LIEN. 

I  hereby  certify,  that  the  demand  set  forth  in  a  notice  of  lien,  by  me  filed  in 
the  Town  Clerk's  office  of  the  town  of  Bern,  on  the  15th  day  of  Ma}',  1800, 
has  been  fully  paid,  and  I  hereby  authorize  the  same  to  be  discharged. 

A.  B 
Bern,  June  15,  I860. 

{Add  acknowledgment.) 
51 


CHAPTER  XXIX. 

NATURALIZATION. 

The  Constitution  of  the  United  States  provides  that  Congress 
shall  have  power  to  establish  a  uniform  rule  of  naturalization. 

Any  alien,  being  a  free  wbite  person,  may  be  admitted  tc 
become  a  citizen  of  the  United  States,  or  any  of  them,  on  the  fol 
lowing  conditions : 

He  shall  have  declared  on  oath  or  affirmation  before  some 
State  Court,  having  common  law  jurisdiction,  which  is  a  Court  of 
Record  having  a  seal ;  or  before  a  Circuit  Court  or  District  Court 
of  the  United  States,  or  one  of  the  Territorial  District  Courts  of 
the  United  States,  or  before  a  clerk  of  either  of  such  courts,  two 
vears  at  least  before  his  admission,  that  it  was  bona  fide  his 
intention  to  become  a  citizen  of  the  United  States,  and  to  re- 
nounce forever  all  allegiance  and  fidelity  to  any  foreign  prince, 
potentate,  state  or  sovereignty  whatever,  and  particularly  by 
name,  the  prince,  potentate,  state  or  sovereignty  whereof  such 
alien  may,  at  the  time,  be  a  citizen  or  subjeiit. 

At  the  time  of  his  application  to  be  admitted  he  must  take  an 
oath  or  affirmation,  before  the  court  by  which  he  is  admitted, 
that  be  will  support  the  Constitution  of  the  United  States,  and 
the  oath  abjuring  all  allegiance  to  any  foreign  power. 

The  court  admitting  such  alien  must  be  satisfied  that  he  has 
resided  within  the  United  States  at  least  five  years,  and  within 
the  state  or  territory  where  ■  suck  court  is  at  the  time  held,  one 
year  at  least ;  and  it  shall  further  appear  to  their  satisfaction, 
that  during  that  time  he  has  behaved  as  a  man  of  good  moral 
character,  attached  to  the  principles  of  the  Constitution  of  the 
United  States,  and  well  disposed  to  the  good  order  and  happi 


NATURALIZATION.  403 

ness  of  the  same.  The  residence  for  five  years  can  be  proved 
only  by  a  citizen  of  the  United  States. 

In  case  the  alien,  applying  to  be  admitted,  shall  have  borne  any 
hereditary  title,  or  been  of  any  orders  of  the  nobility,  he  shall 
make  an  express  renunciation  of  his  title,  or  order  of  nobility, 
and  such  renunciation  shall  be  recorded  in  said  court.  In  case 
the  alien  at  the  time  of  his  application,  shall  be  a  citizen  or  sub- 
ject of  any  country  at  the  time  of  his  application  at  war  with 
the  United  States,  he  shall  not  then  be  admitted  to  the  rights  of 
citizenship. 

Any  alien  being  a  free  white  person  and  a  minor,  under  the 
age  of  twenty-one  years,  who  shall  have  resided  in  the  United 
States  three  years  next  preceding  his  arrival  at  the  age  of  twenty- 
one  years,  and  who  shall  have  continued  to  reside  therein  to  the 
time  he  may  make  application  to  be  admitted  a  citizen  thereof, 
may  after  he  arrives  at  the  age  of  twenty-one  years,  and  after  he 
shall  have  resided  five  years  within  the  United  States,  including 
the  three  years  of  his  minority,  be  admitted  a  citizen,  without 
having  made  the  declaration  required,  two  years  previous  to  the 
admission  of  aliens  who  come  to  this  country  after  they  become 
twenty-one  years  of  age.  But  such  alien  shall  make  the  declara- 
tion or  renunciation  required  at  the  time  of  his  or  her  admission, 
and  shall  further  declare,  on  oath,  and  prove  to  the  satisfaction 
of  the  court,  that,  for  three  years  next  preceding,  it  has  been  the 
bona  fide  intention  of  such  alien  to  become  a  citizen  of  the 
United  States,  and  shall  in  all  other  respects  comply  with  the 
laws  in  regard  to  naturalization. 

The  children  of  persons  duly  naturalized  being  under  the  age 
of  twenty-one  years,  at  the  time  of  their  parents  being  so  natural, 
ized  or  admitted  to  the  rights  of  citizenship,  shall,  if  dwelling  iu 
the  United  States,  be  considered  as  citizens  of  the  United  States. 

If  the  alien  husband  or  father  shall  declare  his  intention  of 
becoming  a  citizen  of  the  United  States,  and  die  before  he  is 
actually  naturalized,  the  widow  and  children  of  such  alien  shall 
be  considered  as  citizens  of  the  United  States,  and  sliall  be  enti- 
tled to  all  rights  and  privileges  as  such  upon  taking  the  oaths 
prescribed  by  law. 

Any  alien  residing  in  tliis  State  who  may  make  a  deposition  or 
affirmation  in  writing,  before  any  officer  authorized  to  take  the 


404 


THE  CLERK'S  ASSISTANT. 


proof  of  deeds  to  be  recorded,  that  he  is  a  resident  of,  and 
intends  always  to  reside  in  the  United  States,  and  to  become  a 
citizen  thereof  as  soon  as  he  can  be  naturalized,  and  that  he  has 
taken  such  incipient  measures  as  the  laws  of  the  United  States 
require  to  enable  him  to  obtain  naturalization,  which  shall  be 
certified  by  such  ofiicer,  and  be  filed,  and  recorded  by  the  Secre- 
tary of  State  in  a  book  to  be  kept  by  him  for  that  purpose ;  shall 
thereupon  be  authorized  and  enabled  to  take  and  hold  lands  and 
real  estate  of  any  kind  whatsoever,  to  him,  his  heirs  and  assigns 
forever,  and  may  during  six  years  thereafter  sell,  assign,  mort- 
gage, devise  and  dispose  of  the  same  in  any  manner  as  a  citizen 
of  the  United^States,  except  that  no  such  alien  shall  have  power 
to  lease  or  demise  any  real  estate  which  he  may  take  or  hold  by 
virtue  of  this  provision,  until  he  becomes  naturalized.  When 
such  alien  shall  die  within  six  years  after  making  and  filing  such 
deposition,  leaving  heirs  inhabitants  of  the  United  States,  such 
heirs  shall  take  by  descent,  and  hold  any  real  estate  of  which 
such  alien  died  seised,  in  the  same  manner  as  if  such  alien  had 
been  a  citizen. 


FORMS. 


No.    X. 

DECLARATION  OF   INTENTION. 

Supreme  Court,  Albany  County.  I,  A.  B.,  do  declare  on  oath  (or  afBrm;, 
thcat  it  is  bona  fide  my  intention  to  become  a  citizen  of  the  United  States,  and 
to  renounce  forever  all  allegiance  and  fidelity  to  all  and  any  foreign  prince, 
potentate,  state  and  sovereignty,  whatever;  and  particularly  to  Victoria, 
Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland. 

A.  B. 
Sworn  {or  affirmed)  in  open  court  \ 
this  June  16,  1860,  before  me,      \ 

C.  D.,   Clerh 


:!So.  a. 

clerk's   certificate   to   COPT   DECLARATION. 

Supreme  Court,  Clerics  Office,  Albany  County,  ss.  I,  C.  D.,  Clerk  of  the 
above  named  court,  do  hereb}'  certify  that  the  same  is  a  court  of  record  having 
common  law  jurisdiction,  and  having  a  Clerk  and  seal,  and  I  do  also  certify 
that  the  foregoing  is  a  true  copy  of  a  declaration  and  of  the  whole  of  such 
declaration  of  intention  of  A.  B.  to  become  a  citizen  of  the  United  States,  now 
remaining  of  record  in  my  office. 

In  testimony  whereof,  I  have  hereto  subscribed  my  name,  and  affixed  the 
seal  of  said  court  the  16th  day  of  June,  1860. 

C.  D.,         [l.  S.J 
Clerk. 


Hfo.    3. 

CERTIFICATE    OR    PROOF    OF    DECLARATION. 

State  of  New  York,  Supreme  Court,  Albany  County,  ss.  Be  it  remem- 
bered that  A.  B.  appeared  in  the  Supreme  Court,  on  the  18th  day  of  June  in 
the  year  of  our  Lord  1860  (the  said  court  being  a  Court  of  Record,  having 
common  law  jurisdiction,  and  a  Clerk  and  seal),  and  declared  on  oath,  in  open 
court  that  it  was  bona  fide  his  intention  to  become  a  citizen  of  the  United  States, 
and  to  renounce  forever,  all  allegiance  and  fidelity  to  any  foreign  prince,  po- 
tentate, state  or  sovereignty  whatever ;  and  particularly  to  Victoria,  Queen 
of  the  United  Kingdom  of  G-reat  Britain  and  Ireland. 


406  THE  CLERK'S  ASSISTANT. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  the  seal  of 
the  said  supreme  court  is  hereunto  affixed,  this  18th  day  of  June,  in  the  year 
of  our  Lord,  1860. 

C.  D.,        [l.  s.] 
Cleric . 

ISo.    4. 

OATH    OR   AFFIRMATION   AT    THE    TIME   OF   ADMISSION. 

Supreme  Court,  County  of  Albany,  ss.  I,  A.  B.,  do  solemnly  swear  (or 
affirm)  that  I  will  support  the  Constitution  of  the  United  States,  and  tliat  I 
do  absolutely  and  entirely  renounce  and  abjure  all  allegiance  and  fidehty  to 
every  foreign  prince,  potentate,  state  or  sovereignty,  whatever ;  and  par- 
ticularly of  Louis  Napoleon,  Emperor  of  France,  of  whom  I  was  formerly 
subject. 

A.  B. 

Sworn  {or  affirmed)  in  open  court,  &c. 


ISO.    5. 

PROOF   OF   RESIDENCE   AND   GOOD   BEHAVIOR. 

Supreme  Court,  Albany  County,  ss.  H.  G.,  of  said  county,  being  swoni 
{or  affirmed)  says  that  he  is  a  citizen  of  the  United  States,  and  is,  and  for  five 
years  last  past,  has  been  well  acquainted  Avith  A.  B.,  now  present;  that  said 
A,  B.  has  resided  within  the  United  States  for  five  years  at  least,  last  past, 
and  for  one  year  last  past  within  the  State  of  New  York;  and  that  during 
that  time  the  said  A.  B.  has  behaved  as  a  man  of  a  good  moral  character 
attached  to  the  principles  of  the  Constitution  of  the  United  States,  and  well 
disposed  to  the  good  order  and  happiness  of  the  same. 

H.  G. 

Sworn  [or  affirmed),  &c 


ISO.    6. 

OATH   OF   A   PERSON   AT   THE   TIME   OF   ADAHSSION   WHO   CAME   HERE   A  MINOR. 

{As  in  No.  4  to  the  end,  then  add:) 

And  I  do  also  declare  on  oath  {or  affirmation),  that  it  is  bona  fide  my  inten- 
tion, and  has  been  for  the  last  three  years,  to  become  a  citizen  of  the  United 
States. 

A.  B. 

Sworn,  &c.  *  

No.     "T. 

PROOF   OF   RESIDENCE   AND   GOOD   BEHAVIOR   FOR   A   PERSON   WHO    CAME     HERE    A3 

A   MINOR. 

{Same  as  No.  5,  except  that  after  the  words  State  of  New   York:) 

And  that  said  A.  B.  resided  within  the  United  States  at  least  three  years 
next  previous  to  his  becom.ing  twenty-one  years  of  age. 


■     NATUKALIZATION.  407 

Tfo  .    8. 

JLFFIDAVIT   OF   RESIDENT   ALIEN   TO    HOLD    REAL   ESTATE. 

State  of  New  Yorh,  County  of  Albany,  ss.  A.  B.,  being  duly  sworn  {or 
affirmed)  says  that  he  is  a  resident' of,  and  intends  always  to  reside  in  the 
United  States,  and  to  become  a  citizen  thereof  as  soon  as  he  can  be  natural- 
ized, and  that  he  has  taken  such  incipient  measures  as  the  laws  of  the  United 
States  require  to  enable  him  to  obtain  naturalization. 


Sworn,  &c. 


A.  B. 


Wo.    O. 

CERTIFICATE   OF    CITIZENSHIP. 

State  of  New  York,  Supreme  Court,  County  of  Albany,  ss.  Be  it  remem- 
bered, that  on  the  18th  day  of  June,  in  the  year  of  our  Lord  1860,  A.  B.late 
of  Liverpool,  in  the  Kingdom  of  G-reat  Britian.  at  present  of  the  city  of 
Albany,  State  of  New  York,  appeared  in  the  Supreme  Court  of  the  count}' 
of  Albany,  State  of  New  York  (the  said  court  being  a  Court  of  Record,  hav 
ing  common  law  jurisdiction,  and  a  clerk  and  seal),  and  applied  to  the  said 
court  to  be  admitted  to  become  a  citizen  of  the  United  States  of  America, 
pursuant  to  the  directions  of  the  acts  of  Congress  of  the  United  States  of 
America^  in  relation  to  naturalization :  And  the  said  A.  B.  having  thereupon 
produced  to  the  court  such  evidence,  made  such  declaration  and  renunciation, 
and  taken  such  oaths  as  are  by  the  said  acts  required  :  Thereupon  it  waa 
ordered  by  the  said  court  that  the  said  A.  B.  be  admitted,  and  he  was  accord- 
ingly admitted  by  the  court  a  citizen  of  the  United  States  of  America. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  the  seal  of 
the  said  court,  this  18th  day  of  June,  1860,  in  the  84th  year  of  the  indepen- 
dence of  the  United  States. 

By  the  court, 

C.  D.,        [l.  s.| 
CferJfc. 


CHAPTER  XXX. 

PAETNERSHIP. 

Partnership  is  the  result  of  a  contract  whereby  two  or  more 
pi  rsons  agree  to  combine  propert}^  or  labor  for  the  purpose  of  a 
common  undertaking,  and  the  acquisition  of  a  common  profit. 
One  partner  may  contribute  all  the  money,  all  the  stock,  or  all 
the  labor  necessary  for  the  purposes  of  the  firm.  The  commu- 
nity of  profit  is  the  criterion  to  determine  whether  or  not  the 
contract  be  one  of  partnership :  for  if  there  is  no  community  of 
profit,  there  is  no  partnership.  If  two  persons  contribute  each  a 
sum  of  money  for  the  purchase  of  a  lot  of  goods,  which  they 
intend  afterwards  to  divide,  after  the  purchase  and  before  they 
divide,  they  are  part  owners.  But  if  instead  of  dividing  they 
sell  them  and  divide  the  profits  or  share  the  loss,  the  contract  is 
one  of  partnership. 

A  contract  of  partnership  is  formed  by  the  consent  of  all  the 
persons  uniting  in  it.  And  when  once  formed  the  number  of 
partners  cannot  be  increased  or  diminished,  and  the  same  part- 
nership continue,  without  the  consent  of  every  partner. 

Each  of  the  partners  may  bind  all  the  others  in  a  contract  in 
regard  to  any  matter  which  lies  within  the  scope  or  business  of 
the  partnership,  for  each  man  acts  as  the  agent  of  all  the  rest. 

The  partnership  is  terminated  by  the  lapse  of  time  for  which  it 
was  formed  or  by  the  mutual  agreement  of  the  partners,  or  by  the 
death  of  one  of  the  members  of  the  firm.  If  no  limit  is  originally 
fixed,  it  is  called  a  partnership  at  will,  and  may  be  dissolved  at  the 
individual  pleasure  of  either  party,  at  even  a  moment's  notice.  So 
too,  a  partnership  is  dissolved  whenever  the  interest  of  one  of 
the  partners  is  sold  out  under  an  execution.     Where  one  of  the 


PARTNERSHIP.  409 

partners  acts  in  a  way  inconsistent  with  his  duties  as  a  partner 
the  partnership  rna}^  be  dissolved,  and  one  or  all  of  the  parties 
may  apply  to  a  Court  of  Equity  to  close  up  the  business  of  the 
partnership.  And  for  the  accomplishment  of  this  they  may  have 
a  receiver  appointed,  who  shall  take  into  his  possession  all  the 
property  of  the  partnership,  sell  and  dispose  of  the  same,  and 
divide  the  proceeds  in  accordance  with  the  rights  and  interests  of 
the  several  partners. 

As  we  have  seen  that  each  of  the  partners  may  bind  all  the 
others  :  so  too  each  partner  is  bound  for  all  the  contracts  of  the 
partnerships.  And  although  there  may  be  an  agreement  among 
the  partners  themselves,  that  one  or  more  of  them  shall  not  be 
liable  for  losses,  yet  this  agreement  is  binding  only  among  them- 
selves, while  as  to  third  parties  and  persons  dealing  with  them, 
they  are  as  liable  as  if  no  such  agreement  had  been  made. 

And  where  a  man  allows  one  or  more  to  use  his  name,  and 
hold  and  represent  him  to  the  world  as  a  partner  he  will  be  liable 
for  the  debts  of  the  partnership.  Hence  it  becomes  important 
when  an  individual  retires  from  a  partnership,  and  the  business 
is  still  continued,  that  such  retiring  person  should  give  notice  to 
those  who  have  been  in  the  habit  of  dealing  with  the  firm,  other- 
wise he  will  still  be  held  liable  for  the  debts  of  the  partnership. 

The  partnership  property  is  liable  to  pay  the  partnership  debts, 
and  if  the  partnership  is  not  sufficient,  then  the  individual  pro- 
perty of  the  several  partners  becomes  liable  for  the  debts.  But 
should  it  so  happen  that  the  partnership  is  not  sufficient  to  pay 
the  partnership  debts  and  the  individual  property  of  the  several 
members  of  the  firm  are  not  sufficient  to  pay  their  individual 
debts,  then  the  partnership  property  alone  must  be  used  in  pay- 
ing the  debts  of  the  partnerahip ;  and  the  property  of  the  indi- 
vidual members  of  the  firm  go  to  their  individual  debts. 

When  the  partnership  has  been  once  dissolved,  no  individual 
member  of  the  firm  can  do  any  act  by  which  he  can  increase  or 
continue  the  liability  of  the  other  members  of  the  partnership. 
He  cannot  give  a  partnership  note,  or  sign  any  partnership  agree- 
ment, or  do  any  act  to  renew  any  claim  against  the  firm,  or  to 
take  it  out  of  the  effect  of  the  statute  of  limitations. 

The  foregoing  remarks  have  reference  to  general  partnerships ; 
while  there  is  a  species  of  partnerships  called  limited  or  special 
52 


410  THE  CLERK'S  ASSISTANT. 

partuersliips  whicli  are  formed  under  a  law  of  this  State  to  whicli 
different  rules  are  applicable. 

Limited  partnerships  consist  of  one  or  more  persons,  who  are 
called  general  partners,  and  who  are  jointly  and  severally  respon- 
sible as  general  partners ;  and  of  one  or  more  persons,  who  con- 
tribute in  actual  cash  payments,  a  specific  sum  as  capital  to  the 
common  stock,  and  who  are  special  partners  and  not  liable  for 
the  debts  of  the  partnership,  beyond  the  fund  so  contributed  by 
him  or  them  to  the  capital. 

The  general  partners  only,  conduct  the  business  of  the  partner- 
ship ;  and  if  the  special  partners  at  any  time  control  or  direct  the 
management  of  the  business,  they  become  general  instead  of 
special  partners  and  liable  for  the  debts  of  the  partnership. 

The  persons  desirous  of  forming  such  a  partnership,  shall  make 
and  severally  sign  a  certificate,  which  shall  contain : 

1.  The  name  or  firm  under  which  such  partnership  is  to  be 
conducted. 

2.  The  general  nature  of  the  business  intended  to  be  trans- 
acted. 

3.  The  names  of  all  the  general  and  special  partners  interested 
therein,  distinguishing  which  are  general  and  which  are  special 
partners,  and  their  respective  places  of  residence. 

4.  The  amount  of  capital  which  each  special  partner  shall  have 
contributed  to  the  common  stock. 

5.  The  period  at  which  the  partnership  is  to  commence,  and 
the  period  at  which  it  will  terminate. 

This  is  to  be  proved  or  acknowledged  and  filed  and  recorded 
in  the  County  Clerk's  ofiice,  and  at  the  same  time  is  to  be  filed  an 
affidavit  stating  that  the  sums  specified  in  the  certificates  as  the 
contribution  of  the  special  partners,  have  been  paid  in.  A  notice 
specifying  the,  terms  of  the  partnership  is  to  be  published  in 
two  newspapers  (which  papers  are  to  be  specified  by  the  County 
Clerk)  in  the  Senate  district  in  which  their  business  is  to  be  car- 
ried on. 

Every  renewal  or  continuance  of  such  partnership  is  to  be 
organized  and  noticed  in  the  same  manner. 

The  firm  name  is  to  be  composed  of  the  names  of  the  general 
partners  only  without  the  addition  of  the  word  '*  Company,"  or 


PARTNERSHIP.  411 

any  other  general  term ;  and  if  the  name  of  any  special  partner 
shall  be  used  in  such  firm  with  his  privity,  he  shall  be  deemed  a 
general  partner.  The  amount  paid  in  by  a  special  partner  is  to 
be  in  no  part  withdrawn  except  that  he  may  receive  annually  law- 
ful interest  on  the  sum  paid  in  by  him,  provided  such  interest 
shall  not  reduce  the  original  capital,  and  if  any  profits  remain 
after  the  payment  of  such  interest,  he  may  receive  his  share  of  the 
profits.  No  sale,  assignment,  or  transfer,  of  any  interest,  can  be 
made  for  the  purpose  of  preferring  one  creditor  over  another, 
when  the  partnership  ■  becomes  insolvent  or  contemplates  insol- 
vency, but  the  property  must  be  disposed  of  for  the  benefit  of 
all  the  creditors  of  the  partnership. 

Where  the  limited  partnership  consists  of  more  than  two 
general  partners,  the  firm  name  may  consist  of  either  two  of 
such  partners,  with  the  addition  of  the  words  "and  company," 
and  if  the  name  of  any  special  partner  shall  be  used  in  such 
firm,  with  his  privity,  he  shall  be  deemed  a  general  partner ; 
but  the  said  partnership  shall  put  up,  upon  some  conspicuous 
place  on  the  outside  and  in  front  of  the  building  in  which  it 
has  its  chief  place  of  business,  some  sign  on  which  shall  be 
painted,  in  legible  English  characters,  all  the  names  in  full  of 
all  the  members  of  said  partnership.  (Laws  of  1862,  chap.  476  'i 


-^"  FORMS 


ARTICLES   OF   COPARTNERSHIP   FOR   CARRYING   ON   A   JOINT   TRADE. 

Articles  of  agreement  between  A.  B.,  of of  the  one  part,  and  C.  D.,  of 

,  of  the  other  part. 

First,  the  said  A.  B.  and  C.  D.  have  joined,  and  by  these  presents  do  join 
themselves  to  be  copartners  together  in  the  art  or  trade  of. . .  .and  all  things 
thereto  belonging ;  and  also  in  buying,  selling,  vending,  and  retailing  all  sorts 
of  wares,  goods,  and  commodities  belonging  to  the  said  trade  of. . .  .which  said 
copartnership  is  to  continue  from ...  for  and  during,  and  unto  the  full  end 
and  tei-m  of. .  .  .from  thence  next  ensuing,  and  fully  to  be  complete  and  ended. 
And  to  that  end  and  purpose,  he,  the  said  A.  B.,  hath,  the  day  of  the  date  of 
these  presents,  delivered  in  as  stock,  the  sum  of. .  .  .and  the  said  C.  D.,  the 
sum  of . . . .  to  be  used,  laid  out  and  employed  in  common  between  them,  for 
the  management  of  the  said  trade  of . . .  .  to  their  mutual  benefit  and  advan- 
tage. >  And  it  is  agreed  between  the  said  parties  to  these  presents,  and  the  said 
copartners  each  for  himself  respectively,  and  for  his  own  particular  part,  and 
for  his  executors  and  administrators,  doth  severally,  and  not  jointly,  covenant, 
promise,  and  agree,  to  and  with  the  other  partner,  his  executors,  and  admin- 
istrators, by  these  presents,  in  manner  and  form  following:  (that  is  to  say) 
that  they  the  said  co-partners  shall  not,  nor  will  at  any  time  hereafter,  use, 
exercise,  or  follow  the  trade  of. .  .  .aforesaid,  or  any  other  trade  whatsoever, 
during  the  said  term,  to  their  private  benefit  or  advantage,  but  shall  and  will 
fi-om  time  to  time,  and  at  all  times  during  the  said  term  (if  they  shall  so  long 
live\  do  their,  and  each  of  their  best  endeavors,  in  and  by  all  means  possible, 
to  the  utmost  of  their  skill,  power  and  cunning,  for  their  joint  interest,  profit, 
benefit,  and  advantage,  and  truly  employ,  buy,  sell,  and  merchandise  with  the 
stock  aforesaid,  and  the  increase  thereof,  in  the  trade  of  . . .  aforesaid,  without 
any  sinister  intentions  or  fi-audulent  endeavors  whatsoever.  And  also,  that 
they,  the  said  copartners,  shall  and  will,  fi-om  time  to  time,  and  at  all  times 
hereafter  during  the  said  term,  pay,  bear,  and  discharge  equally  between  them, 
the  rent  of  the  shop  which  they  the  said  copartners  shall  rent  or  hire  for  the 
joint  exercising  or  managing  the  trade  aforesaid.  And  that  all  such  gain, 
profit,  and  increase,  that  shall  come,  grow,  or  arise,  for  or  by  reason  of  the  said 
trade,  and  joint  occupying  as  aforesaid,  shall  be,  fi'om  time  to  time  during  the 
said  term,  equally  and  proportionably  divided  Ijetween  them  the  said  copart- 
ners, share  and  share  alike.  And  also  that  all  such  loss  as  shall  happen  to  the 
said  joint  trade  by  bad  debts,  ill  commodities,  or  otherwise,  without  fiaud  or 
^  covin,  shall  be  paid  and  borne  equally  and  proportionably  between  them. 
,-^Vnd  further,  it  is  agreed  by  and  between  the  said  copartners,  parties  to  these 
presents,  that  there  shall  be  had  and  kept  from,  time  to  time,  and  at  all  time3 
during  the  said  term,  and  joint  occupying  and  copartnership  together  as  afore- 
said, perfect,  just,  and  true  books  of  account,  wherein  each  of  the  said  co- 
partners shall  duly  enter  and  set  down,  as  well  all  money  by  them  received. 


PARTNERSHIP.  413 

paid,  expended,  and  laid  out,  in  and  about  the  management  of  the  said  trade, 
as  also  all  wares,  goods,  commodities,  and  merchandi^s,  by  them,  or  either  of  ' 

them,  bought  and  sokl,  by  reason,  or  means,  or  upon  account  of  the  said  co- 
partnership, and  all  other  matters  and  things  Avhatsoever,  to  the  said  joint  ' 
trade,  and  the  management  thereofj  in  any  w  ise  belonging  or  appertaining ; 
which  said  books  shall  be  used  in  common  between  the  said  copartners,  so 
that  either  of  them  may  have  access  thereto  without  any  interruption  of  the 
other.  And  also  that  they  the  said  copartners,  once  in  thi^e  months,  or  ^■■ 
oftener  if  need  shall  require,  upon  the  reasonable  request  of  one  of  them, 
shall  make,  yield,  and  render  each  to  the  other,  or  to  the  executors  of  each 
other,  a  true,  just,  and  perfect  account  of  all  profits  and  increase,  by  them,  or 
either  of  them  made ;  and  of  all  losses  by  them,  or  either  of  them  sustained ; 
and  also  of  all  payments,  receipts,  disbursements,  and  all  other  things,  what- 
soever, by  them  made,  received,  disbursed,  acted,  done,  or  suffered,  in  their  said 
copaitdeiship,  and  joint  occupying,  as  aforesaid,  and  the  same  account,  so 
made,  6,hall  and  will  clear,  adjust,  pay,  and  deliver,  each  unto  the  other,  at  the 
time  of  making  such  account,  their  equal  shares  of  the  profits  so  made  as  afore-  v  »-- 
said.  And  at  the  end  of  the  term  of. ..  .or  ather  sooner  determination  of  —X-VNb  V^?'^ 
"tlt^'no  pro3cnt3  (be  it  by  the  death  of  one  of  the  said  copartners,  or  other- 
wise), they  the  said  copartners,  each  to  the  other,  or  in  case  of  the  death  of 
either  of  them,  the  surviving  party  to  the  executors  or  administrators  of  the 
party  deceased,  shall  and  will  make  a  true,  just,  and  final  account  of  all  things 
as  aforesaid,  and  divide  the  profits  aforesaid,  and  in  all  things  well  and  truly 
adjust  the  same,  and  that  they  also,  upon  the  making  of  such  a  final  account, 
and  all  and  every  the  stock  and  stocks,  as  well  as  the  gains  and  increase 
thereof,  which  shall  appear  to  be  remaining,  whether  consisting  of  money, 
wares,  debts,  &c.,  shall  be  equally  divided  betweed  them  the  said  copartners, 
their  executors,  or  administrators,  share  and  share  ahke. 

In  witness,  &c.  .  1 

AN   AGREEMENT   TO   CONTINUE   A   PARTNERSHIP,  ^    S 

Articles,  &c.  between  M.  B.  of  the  one  part,  and  H.  P.  of  the  other  part.  "*  ;f 

Whereas  the  said  M.   B.  and  H.  P.  have,  for  several  years  last  past,  been  -     ' 

equally  concerned  together  as  partners,  or  joint  traders,  in  the  trade  of .  .  . .  and 
in  all  profits  and  losses  thereby.  And  whereas,  before  sealing  hereof,  they 
have  made-up  between  them  a  full  account  and  reckoning,  of  and  concerning 
the  said  trade,  goods,  and  debts,  belonging  and  owing  to  and  by  them  on 
account  thereof,  containing  all  charges,  profits  and  loss  thereby,  wheereof  each  /Vyif «  / 
of  them,  hath,  to  the  date  thereof,  paid  and  received  one  equal    moiety,  or  '  ^'*'?  ■  f 

half  part,  and  upon  making  up  the  said  account,  there  appears  to  be  remaining 
in  stock,  at  the  sealing  hereof,  in  goods,  and  debts  owing  on  account  of  the 
said  trade,  tlie  sum  or  value  of. .  .  .which  belongs  to  them  jointlj',  and  wherein 
they  are  equally  concerned ;  out  of  which  said  stock  are  due  and  payable  on 

account  of  the  said  joint  trade,  several  debts  amounting  to And  whereas, 

the  said  parties  intend  to  continue  the  said  trade  of . . . .  in  the  dwelling  house 
of  the  said  M.  B.,  in,  &c.,  for. . .  .years,  with  the  said  joint  stock  of,  &:c.,  and  to 
be  concerned  therein  equally  as  to  profit  and  loss.  Now  these  presents  wit- 
ness, that  in  consideration  of  the  trust  and  confidence  which  the  said  parties 
have  had  and  repose  in  each  other,  it  is  hereby  declared,  covenanted,  and 
agreed,  by  and  between  the  said  parties,  for  themselves,  their  executors, 
administrators,  and  assigns,  that  the  said  parties  are,  and  will  become  and  con- 
tinue partners  and  joint  traders  in  the  trade  of  biscuit  baking,  and  vending 
and  selling  of  biscuits,  upon  a  joint  and  equal  account  between  them  for 
profit  and  loss,  for  tlie  said  time  or  term  of.  .  .  .years,  to  conlmence  from  the 


Xi. 


iH4  THE  CLERK'S  ASSISTANT. 

date  hereof,  if  both  the  said  parties  shall  so  long  live.  And  it  is  agreed,  thai 
all  cliai'ges  and  losses,  and  all  profits  arising  by  and  on  account  of  the  said 
joint  trade,  shall  be  equally  paid,  received,  and  borne,  by  and  between  the 
said  parties,  and  that  the  said  M.  B.,  for  and  in  consideration  of  the  rent  of 
the  shop,  and  other  conveniences,  wherein  the  said  trade  is  driven,  shall  have 
and  receive  all  benefit  and  advantage  to  be  had  and  made  by  the  bran  arising 
b)''  the  flour  or  meal  used  in  the  said  joint  trade,  as  he  hath  hitherto  received 
the  same.  And  it  is  further  agreed,  &c.  (that  the  parties  be  true  to  each  other), 
and  have  not,  shall  not,  nor  will  do  or  suffer  any  act  or  thing  whatsoever, 
whereby,  or  by  means  whereof,  any  goods,  moneys,  or  things  belonging  to  the 
said  jomt  trade,  shall,  or  may  be  extended,  seized,  or  taken  in  execution,  but 
that  each  of  them  shall  and  will  defend  the  said  joint  stock  and  trade  from 
their  own  private  and  separate  debts,  and  all  damages  by  reason  thereof  And 
at  the  end  of  the  term  (as  in  the  last  form  to  the  end). 


ARTICLES   OF    COPARTNERSHIP ANOTHER    FORM. 

Articles  of  copartnership  made  this  12th  day  of  March,  1859,  by  and  be- 
tween E.  D.  and  H.  A.,  both  of  the  city  of  Albany. 

The  said  parties  herelDy  agree  to  form  and  do  form  a  copartnership  for  the 
purpose  of  carrying  on  the  general  produce  and  commission  business  on  the 
following  terms  and  articles  of  agreement,  to"the  faithful  performance  of  which 
they  mutually  engage  and  bind  themselves. 

The  style  and  name  of  the  copartnership  shall  be  D.  &  A.,  and  shall  com- 
mence on  the  1st  day  of  April,  1859. 

Each  of  said  parties  agree  to  contribute  to  the  funds  of  the  partnership  the 
sum  of  $1,000  in  cash,  which  shall  be  paid  in  on  or  before  the  1st  of  April, 
1859 ;  and  each  of  said  parties  shall  devote  and  give  all  his  time  and  attention 
to  the  business,  and  to  the  care  and  superintendence  of  the  same. 

All  profits  which  may  accrue  to  the  said  partnership,  shall  be  divided,  and 
all  losses  happening  to  the  said  firm  whether  from  bad  debts,  depreciation  of 
goods,  or  any  other  cause  or  accident,  and  all  expenses  of  the  business  shall 
be  borne  by  the  said  parties  equally. 

All  the  purchases,  sales,  transactions  and  accounts  of  the  said  fiim  shall  be 
kept  in  regular  books,  which  shall  be  always  open  to  the  inspection  of  both 
parties  and  their  legal  representatives,  respectively.  An  account  of  sl,ock 
shall  be  taken,  and  an  account  between  the  parties  shall  be  settled  as  often  as 
once  a  year  and  as  much  oftener  as  either  partner  may  desire  and  in  writing 
request. 

Neitlier  of  the  said  parties  shall  subscribe  any  bond,  sign  or  indorse  any 
note  of  kand,  accept,  sign  or  indorse  any  draft  or  bill  of  exchange,  or  assume 
any  other  liability,  verbal  or  written,  either  in  his  own  name  or  in  the  name 
of  the  firm,  for  the  accommodation  of  any  other  person  or  persons  whatsoever, 
without  the  consent  in  writing  of  the  other  party ;  nor  shall  either  party  lend 
any  of  the  funds  of  the  copartnership  without  such  consent  of  the  other 
party. 

Neither  party  shall  be  engaged  in  any  other  business,  nor  shall  either  party 
withdraw  from  the  joint  stock  any  more  thin  ^91  per  quarter  or  $364  per 
year. 

On  the  dissolution  of  this  copartnership,  if  the  said  parties  or  their  legal 
representatives  cannot  agree  in  the  division  of  the  stock  then  on  hand,  the 
whole  copartnership  effects,  except  the  debts  due  the  firm  shall  be  sold  at 
public  auction,  at  which  both  parties  shall  be  at  liberty  to  bid  and  purchase 
like  other  individuals,  and  the  proceeds  to  be  divided  after  paying  the  debta 
of  the  hrui. 


PARTNERSHIP.  415 

For  the  purpose  of  securing  the  performance  of  tne  foregoing  agreements, 
it  is  agreed  that  either  party,  in  case  of  any  violation  of  them  or  either  of 
them  by  the  other,  shall  have  the  right  to  dissolve  this  copartnership  forth- 
with on  his  becoming  informed  of  such  violation. 

In  witness  whereof,  the  said  parties  have  hereto  set  their  hands  and  seals 
tne  day  and  year  first  above  written. 

E.  D.  [l.  s.] 
H.  A.  [l.  S.J 

IVo.    4. 

INDORSED    ON    ARTICLES      OF     COPARTNERSHIP     FOR     CONTINUING     THE     SAME     WITH 
OTHER    COVENANTS. 

These  presents  indorsed,  witness,  that  it  is  mutually  declared  and  agreed 
between  the  within  named  A.  and  B.,  for  themselves,  their  executors,  and 
administrators,  respectively,  that  the  partnership  and  joint  trade  between  them 
within  mentioned,  shall  be  continued  between  them  for  the  term  of.  . .  .years, 
from  the  expiration  (or  you  may.  begin  thus:)  We,  the  within  named  A.  and 
B.,  do  by  these  presents  indorsed,  declare,  and  mutually  covenant  and  agree 
unto  and  with  each  other,  his  and  their  executors  and  administrators,  to  con- 
tinue the  said  Joint  trade  and  partnership  within  mentioned  for  the  further 
term  of.  . .  .yfears,  from  the  expiration,  &c.,  of  the  . . .  .years  within  mentioned, 
to  be  accounted,  if  both  of  them  shall  so  long  live,  with  the  joint  stock ;  and 
under  and  subject  to  the  several  covenants  and  agreements  as  are  within  ex- 
pressed and  contained.  And  whereas,  since  the  sealing  and  executing  the 
within  indenture  of  partnership,  the  said  A.  hath  bought  and  purchased  the 
lease  and  terra  of,  and  in  the  said  messuages  and  premises  within  mentioned, 
which  he  then  held  at  a  rent.  It  is  therefore  further  declared  and  agreed 
between  the  said  parties,  that  if  the  said  A.  shall  happen  to  die  before  the  ex- 
piration of  the  said  term  of.  . .  .years,  and  the  said  B.  shall  him  survive,  that 
then  the  executors  and  administrators  of  the  said  A.  are  only  to  grant,  and 
when  the  said  B.,  giving  security  for  payment  to  the  executors  or  administra- 
tors of  the  said  A.,  of  so  much  money  as  the  said  A.,  his  part  and  share  in  the 
joint  stock,  and  debts  which  shall  then  be  owing  on  account  of  the  said  joint 
trade  shall  amount  unto,  for  the  sum  of.  .  .  .to  be  allowed  to  the  said  A.  for 
his  charges  in  repairs  and  other  works  about  the  said  house,  as  in  the  within 
indenture  in  that  behalf  expressed,  rnd  according  to  the  true  meaning  thereof, 
the  executors  and  administrators  of  the  said  A.,  shall,  and  will,  at  the  charge 
of  the  said  B,,  seal,  and  execute  to  him,  a  lease  of  the  said  messuages  or  tene- 
ments for  the  tel-m  of. .    .years,  to  commence  from  the  quarter  day  next  after 

the  decease  of  the  said  A.,  at  the  yearly  rent  of to  be  paid  quarterly,  and 

with  such  covenants  to  be  continued  therein  as  are  contained  in  the  lease, 
whereby  the  said  A.  holds  the  said  premises,  which  lease  the  said  B.  agrees  to 
accept,  and  at  the  same  time  to  seal  a  counterpart  thereof  to  the  executors  or 
administrators  of  the  said  A.,  and  that  the  said  executors  or  administrators  are 
not  to  grant  his  lease  and  term  of  years  therein,  as  ■\^'ithin  is  mentioned,  nor 
any  further  term  therein,  otherwise  than  as  aforesaid;  the  within  written  in- 
denture, &c. 

In  witness,  &c.  

AGREEMENT    TO    CONTINUE    PARTNERSHIP    INDORSED    ON    THE    ORIGINAL    ARTICLES. 

It  is  hereby  agreed  that  the  partnership  Avithin  mentioned,  shall  be  contin- 
ued on  the  same  conditions,  limitations  and  restrictions,  for  the  further  term 
of  five  years  from  and  after  the  1st  day  of  April,  ISGO. 

(Signed)  A.  B. 

March  10,  1860.  C.  D. 


416  THE  CLERK'S  ASSISTANT. 


DISSOLUTION   INDORSED   ON   ORIGINAL   ARTICLES. 

By  mutual  consent  of  the  within  named  parties  the  withiu  partnership  is 
hereby  dissolved,  and  either  one  of  the  partners  is  authorized  to  receive 
money,  and  compound  the  claims  due  the  partnership,  and  give  full  receipt 
and  acquittances  for  the  same. 


A.  B. 
C.  D. 


Albany,  May  19,  18G0. 


CERTIFICATE    OF   LIMITED    PARTNERSHIP. 

m  conformity  with  the  statute  concerning  limited  partnerships :  We  the 
subscribers  do  certify,  that  we  have  formed  a  limited  partnership,  to  be  con- 
ducted under  the  name  and  firm  of  Smith  &;  Allen,  in  the  business  of  buying 
and  selling  dry  goods,  groceries,  crockery,  hardware,  and  such  other  articles 
as  are  usually  dealt  in  by  country  merchants.  The  subscriber,  Thomas  Smith, 
whose  place  of  residence  is  in  the  town  of  Washington,  Dutchess  county,  is 
interested  in  said  partnership  as  a  general  partner.  John  Allen,  whose  place 
of  residence  is  also  at  Washington,  is  likewise  interested  in  said  partnership  as 
a  general  partner  :  W.  J.,  residing  in  the  town  of  Poughkeepsie,  in  the  county 
of  Dutchess  aforesaid,  is  interested  in  said  partnership  as  a  special  partner, 
and  as  such  has  contributed  ^1,000  of  capital  to  the  common  stock;  and 
S.  S.,  residing  in  the  city  of  New  York,  is  also  a  special  partner,  and  has 
contributed  -^1,500  of  capital  to  the  said  common  stock.  The  said  partner- 
ship is  to  commence  on  the  1st  day  of  April  next,  and  to  terminate  on  the  1st 
day  of  April,  in  the  year  1866. 

Made,  and  severally  signed  by  the  said  partners,  at  Poughkeepsie,  the  1st 
day  of  March,  in  the  year  1860. 

T.     S. 

J.     A. 

W.  J. 
S.    S. 


JVo.    8. 

CERTIFICATE    OF    ACKNOWLEDGMENT. 


Dutchess  County,  ss.  On  the  1st  day  of  March,  in  the  year  1860,  T.  S.,  J. 
A.,  W.  J.,  and  S.  S.,  known  to  me  to  be  the  persons  described  in,  and  who 
made  and  signed  the  preceding  certificate,  came  before  me,  and  severally 
acknowledged  that  they  had  made  and  signed  the  same. 

J.  J.,  Judge  of  Dutchess  County. 


ISO.    9. 

FORM    OP   AFFIDAVIT    TO    BE    FILED    WITH    THE    CERTIFICATE. 

Dutchess  County,  ss.  T.  S.,  of  Washington,  in  said  county,  being  sworn, 
saith,  that  he  is  one  of  the  general  partners  mentioned  in  the  annexed  certifi- 
cate, and  that  the  sums  therein  specified  to  have  been  contributed  by  W.  J. 


PARTNERSHIP.  417 

and  S.  ii.,  the  special  partners  therein  named,  to  the  common  stock,  to  wit, 
^1,000  by  the  said  W.  J.,  and  $1,500  by  the  said  S.  S.,  have  been  actually  and 
in  good  faith  paid  in  cash  by  them  respectively. 

T.  S. 
Subscribed  and  sworn  before  me,  ^ 
this  r2th  day  of  March,  1860,    '] 

J.  J.,  Judge  of  Dutchess  County. 


No.    lO. 

NOTICE   TO    BE    PUBLISHED. 

iwn 


Notice  is  hereby  given,  that  T.  S.  and  J.  A.,  who  severally  reside  in  the  to 
of  Washington,  county  of  Dutchess,  W.  I.,  who  resides  in  Poughkeepsie,  and 
S.  S.,  who  resides  in  New  York  city,  all  in  the  State  of  New  York,  have 
formed  a  limited  partnership  in  accordance  with  the  provisions  of  the  Revised 
Statutes  of  the  State  of  New  York,  in  the  business  of  buying  and  selling  dry 
goods  and  groceries,  crockery  and  hardware,  as  country  merchants,  in  which 
the  above  named  persons  are  all  the  parties  who  are  interested  therein;  that 
the  said  T.  S.  and  J.  A.,  are  the  general  partners,  and  the  said  W.  J.  and  S. 
S.  are  the  special  partners;  that  the  said  W.  J.  has  contributed  and  paid  in,  in 
cash  the  sum  of  $1,000,  and  the  said  S.  S.  has  contributed  and  paid  in,  in  cash 
the  sum  of  $1,500,  as  capital  towards  the  common  stock ;  and  that  the  said 
partnership  is  to  commence  on  the  1st  day  of  April,  1860,  and  is  to  terminate 
on  the  1st  day  of  April,  1866.     Dated  March  1,  1860. 

(Signed)  T.  S.,  &c. 


No.     XI. 

DESIGNATION   BT   THE   CLERK,  OF   THE  NEWSPAPERS   IN  WHICH   THE   PUBLICATION   IS 

TO    BE    MADE. 

Let  the  terms  of  the  limited  partnership  between  T.  S.,  J.  A.,  W.  J.,  and 
S.  S.,  be  published  in  the  Poughkeepsie  Journal,  and  the  Telegraph,  which 
papers  are  published  in  Pougiikeepsie,  in  Dutchess  county. 

H.  I.  T.,   Clerk. 


AFFIDAVIT    OF    PUBLICATION,    TO    BE    SUBJOINED    TO    A   COPY    OF    THE    ADVER- 
TISEMENT. 

Dutchess  County,  ss.  P.  P.,  printer  of  the  Poughkeepsie  Journal,  being 
sworn,  saith  that  the  preceding  advertisement  of  the  terms  of  a  limited  part- 
nership between  the  persons  therein  named,  has  been  published  in  the  Pough- 
keepsie Journal,  a  newspaper  published  in  said  county,  for  the  term  of  six 
weeks,  next  and  immediately  after  the  day  of  the  registry  of  the  certificate, 
the  2d  day  of  March,  in  the  year  1860. 

•^  P.  P. 

Sworn,  &c. 


53 


CHAPTER  XXXI. 


PATENTS. 


The  Constitution  of  the  United  States  reserves  to,  and  makes 
It  the  duty  of  Congress  to  promote  the  progress  of  science  and 
useful  arts,  by  securing  for  limited  times,  to  authors  and  inven- 
tors, the  exclusive  right  to  their  respective  writings  and  disco- 
veries. In  accordance  •  with  this  provision  the  Congress  of  the 
United  States  has  passed  a  law  granting  to  inventors  the  sole 
right  to  use  their  inventions  for  the  period  of  seventeen  years 
from  the  time  of  obtaining  a  patent,  but  no  right  of  extension 
for  a  longer  time,  under  any  circumstances,  except  for  designs. 

Any  person,  whether  a  citizen  or  an  alien,  may  obtain  a  patent 
for  any  invention,  design  or  improvement  made  by  him,  and  not 
before  known.  In  case  of  the  death  of  the  inventor,  the  patent 
will  issue  to  his  legal  representatives ;  or  if  the  inventor  assigns 
all  his  interest,  the  patent  will  be  granted  to  the  assignee.  Joint 
inventors  are  entitled  to  a  joint  patent ;  but  neither  can  claim  one 
separately.  It  is  necessary  that  the  applicant  be  the  first  in- 
ventor, for  although  he  in  fact  may  have  invented  something 
and  some  one  else  has  preceded  him  in  the  discovery,  he  will  not 
be  entitled  to  the  patent. 

The  application  must  be  made  by  the  actual  inventor,  if  alive, 
although  the  patent  is  to  issue  to  the  assignee.  It  must  be  signtd 
by  the  applicant  and  be  addressed  to  the  Commissioner  of  Patents. 
The  applicant  must  set  forth,  in  his  specification,  the  precise  in- 
vention or  improvement  for  which  he  claims  a  patent ;  being 
particular  not  to  claim  too  much.  The  specification  should  con- 
tain drawings  of  the  article  claimed  to  be  invented,  with  an  ac- 
curate description  of  the  same,  with  reference  to  the  drawing  by 


PATENTS.  419 

letters  and  figures ;  and  it  should  be  signed  by  the  inventor  and 
attested  by  two  witnesses,  and  accompanied  by  oath  or  affirmation 
of  the  inventor,  that  he  verily  believes  himself  to  be  the  original 
or  first  inventor  of  the  invention  therein  described ;  and  that  he 
does  not  know  or  believe  the  same  was  ever  before  known  or 
used;  and  that  he  is  a  citizen  of  the  United  States;  or,  if  an 
alien,  that  he  has  resided  within  the  United  States  for  the  whole 
of  the  past  year,  and  has  taken  the  oath  prescribed  by  law  for 
becoming  naturalized  in  this  country.  The  drawings  required 
should  be  in  perspective,  and  signed  by  the  applicant,  and 
attested  by  two  witnesses.  Such  parts  as  cannot  be  shown  in 
perspective  must,  if  described,  be  represented  in  plans,  sections 
or  details. 

Duplicate  drawings  must  be  sent  with  the  specification. 
They  must  be  neatly  and  artistically  executed,  in  fast  colors,  on 
one  or  more  sheets,  separate  from  the  other  papers  —  eighteen 
inches  from  top  to  bottom,  and  thirteen  across,  or  nine  inches 
by  thirteen.  One  of  these  drawings,  which  is  to  be  kept  in  the 
ofiice  fqr  reference,  should  be  on  stiff  drawing  paper. 

Any  citizen,  or  alien  who  has  resided  one  year  in  the  United 
States,  and  taken  the  oath  of  his  or  her  intention  to  become 
a  citizen,  who  may  have  invented  or  produced  any  new  and 
original  design  for  a  manufacture,  or  an  original  design  for  a 
bust,  statue  or  bass-relief,  or  composition  in  alto  or  basso-relievo, 
or  any  new  and  original  impression  or  ornament  to  be  placed 
on  any  article  of  manufacture,  or  print  or  picture,  to  be  either 
worked  into,  or  worked  on,  or  otherwise  fixed  on  any  article 
of  manufacture,  or  any  new  and  original  shape  or  configuration 
of  any  article  of  manufacture  not  known  or  used  by  others,  and 
who  shall  desire  to  obtain  an  exclusive  property  or  right  therein, 
may  make  application  in  writing  to  the  Commissioner  of  Patents, 
expressing  such  desire ;  and  the  Commissioner  may  grant  a 
patent  therefor,  for  the  term  of  three  and  one  half  years,  or  for 
the  term  of  seven  years,  or  for  the  term  of  fourteen  years,  as 
the  applicant  may  elect  in  his  application.  And  the  patentees 
of  designs  are  entitled  to  the  extension  of  their  respective 
patents,  for  the  term  of  seven  years  from  the  day  on  which  said 
patents  shall  expire. 


420  THE  CLERK'S  ASSISTANT. 

The  applicant  for  an  extension  must  file  his  petition  and  pay 
in  the  requisite  fee,  at  least  ninety  days  prior  to  the  expiration 
of  his  patent,  to  give  time  for  the  sixty  days'  notice  required 
to  be  given,  and  to  allow  sufficient  time  to  the  Commissioner  to 
examine  the  case  fully,  after  the  expiration  of  those  sixty  days, 
and  previous  to  the  day  on  which  the  patent  is  to  expire. 
There  is  no  power  in  the  patent  office  to  renew  a  patent  after  it 
has  once  expired. 

According  to  the  rules  of  the  department,  all  models  are  not 
to  exceed  one  foot  square,  unless  for  special  reasons  in  particular 
cases. 

All  cases  in  the  Patent  Office  are  arranged  in  classes,  which 
are  taken  up  for  examination  in  regular  rotation,  and  when 
finally  decided  upon,  the  original  papers  are  retained  in  the 
office.  If,  when  an  application  is  neglected,  the  applicant 
relinquishes  his  claim,  and  so  notifies  the  Commissioner  of 
Patents,  he  can  withdraw  two-thirds  of  the  fee  paid  by  him  at 
the  time  of  making  his  application. 

After  a  case  has  been  once  rejected,  the  applicant  may  have 
a  second  examination ;  he  may  then  bring  his  case  before  the 
Examiners-in-Chief ;  and  if  still  dissatisfied,  he  may  appeal  to 
the  Commissioner  of  Patents  in  person,  on  payment  of  the  pre- 
scribed fee. 

A  re-issue  is  granted  to  the  original  patentee,  his  heirs  or 
assigns,  when,  by  reason  of  an  insufficient  or  defective  specifi- 
cation, the  patent  is  invalid,  provided  the  error  has  arisen  from 
inadvertency,  accident  or  mistake,  without  any  fraudulent  or 
deceptive  intention. 

"Where,  by  inadvertence,  accident  or  mistake,  the  original 
patent  is  too  broad,  a  disclaimer  may  be  filed  either  by  the 
original  patentee  or  by  any  of  his  assignees. 

The  power  of  extending  a  patent  for  a  design  for  seven  years 
from  the  day  on  which  it  would  expire,  is  now  vested  in  the 
Commissioner  of  Patents. 

"  The  questions  which  arise  on  each  application  for  an  exten- 
sion are : 

"  1.  Is  the  invention  novel? 

"2.  ls\\.^^sefuU 

"  3.  Is  it  valuable  and  important  to  the  public  ? 


TATENTS.  42J 

"  4.  lias  the  inventor  been  adequatehj  remunerated  for  his  time 
and  expense  in  originating  and  perfecting  it? 

"  5.  Has  he  used  due  diligence  in  introducing  his  invention 
into  general  use  ? 

"  The  first  two  questions  will  be  determined  upon  the  result 
of  an  examination  in  the  Patent  Office ;  as  will  also  the  third, 
to  some  extent. 

"  To  enable  the  Commissioner  to  come  to  a  correct  conclusion 
in  regard  to  the  third  point  of  inquiry,  the  applicant  should,  if 
possible,  procure  the  testimony  •  of  persons  interested  in  the 
invention,  which  testimony  should  be  taken  under  oath. 

"  In  regard  to  the  fourth  and  fifth  points  of  inquiry,  in  addi- 
tion to  his  own  oath,  showing  his  receipts  and  expenditures  on 
account  of  the  invention  —  by  which  its  value  is  to  be  ascer- 
tained —  the  applicant  should  show,  by  the  testimony  of  disin- 
terested witnesses  on  oath,  that  he  has  taken  all  reasonable 
measures  to  introduce  his  invention  into  general  use,  and  that, 
without  default  or  neglect  on  his  part,  he  has  failed  to  obtain, 
from  the  use  and  sale  of  the  invention,  a  reasonable  remunera- 
tion for  the  time,  ingenuity  and  expense  bestowed  on  the  same, 
and  the  introduction  thereof  into  use." 

When  any  person  opposes  the  extension,  testimony  is  taken 
on  both  sides  and  submitted  to  the  Commissioner  of  Patents. 

Any  citizen,  or  an  alien  who  has  resided  for  one  year  last  past 
in  the  United  States,  and  made  oath  of  his  intention  to  become 
a  citizen  thereof,  can  file  a  caveat  in  the  secret  archives  of  the 
Patent  Office ;  and  if  at  any  time,  within  one  year  thereafter, 
another  person  applies  for  a  patent  for  the  same  invention,  he 
will  be  entitled  to  notice  to  complete  his  specification,  and  have 
an  opportunity  of  proving  his  priority  of  invention.  Caveat 
papers  cannot  be  withdrawn  or  altered  after  they  have  once 
been  filed,  but  additional  papers  may  be  appended,  provided 
they  are  merely  amendatory  of  the  original  caveats 

Patentees  or  their  assignees  are  required  to  affix  the  date  of 
the  patent  on  each  article  vended  or  offered  for  sale,  under  a 
penalty  of  not  less  than  one  hundred  dollars. 

The  following  is  the  tariff  of  fees  of  the  Patent  Office,  estab- 
lished by  law : 


422  THE  CLERK'S  ASSISTANT. 

On  every  application  for  a  patent,  except  for  a  design,  $15  00 

On  every  caveat, 10  00 

On  every  application  for  a  design,  if  for  3^  years,  ....      10  00 

On  every  application  for  a  design,  if  for  7  37ears, 15  00 

On  every  application  for  a  design,  if  for  14  years, 30  00 

On  every  additional  patent,  granted  on  a  reissue, 30  00 

On  issuing  each  original  patent, 20  00 

On  every  filing  a  disclaimer, 10  00 

On  every  application  for  a  reissue, 30  00 

On  granting  every  extension  of  a  patent, 50  00 

On  every  application  for  an  extension, 50  00 

On  every  appeal  to  the  Commissioner, 20  00 

On  every  appeal  to  the  Judges  of  Circuit  Court, 25  00 

On  every  certified  copy  of  a  patent,  or  other  instrument, 

for  every  100  words, 10 

On  every  copy  of  drawings, The  cost  of  having  it  made. 

For  recording  every  assignment,  of  300  words  or  under,       1  00 
For  recording  every  assignment,  if  over  300  and  under 

1,000  words,  2  00 

For  recording  every  assignment,  if  over  1,000  words, .       3  00 

It  is  recommended  that  the  money  for  the  payment  of  fees 
should  be  deposited  with  an  assistant  treasurer,  or  other  officer 
authorized  to  receive  the  same,  taking  his  certificate  and  remit- 
ting to  the  Patent  Office. 

The  following  officers  are  authorized  to  receive  patent  fees  on 
account  of  the  Treasurer  of  the  United  States,  and  to  give  cer- 
tificates of  deposit,  which  will  be  received  as  cash  by  the  Patent 
Office: 

Assistant  Treasurer  of  the  United  States,  Boston,  Massachusetts. 
Assistant  Treasurer  of  the  United  States,  New  York. 
Treasurer  of  the  Mint,  Philadelphia,  Pennsylvania. 
Surveyor  and  Inspector,  Pittsburg,  Pennsylvania. 
Assistant  Treasurer  of   the  United  States,  Charleston,   South 

Carolina. 
Collector,  Baltimore,  Maryland. 
Collector,  Richmond,  Virginia. 
Collector,  Norfolk,  "Virginia. 
Collector,  Buffalo  Creek,  New  York. 
Collector,  Wilmington,  North  Carolina. 


PATENTS.  423 

Collector,  Savannah,  Georgia. 
Collector,  Mobile,  Alabama. 
Treasurer  Branch  Mint,  New  Orleans,  Louisiana. 
Assistant  Treasurer  United  States,  St.  Louis,  Missouri. 
Surveyor  of  the  Customs,  Nashville,  Tennessee. 
Surveyor  of  the  Customs,  Cincinnati,  Ohio. 
Receiver  of  Public  Moneys,  Little  Rock,  Arkansas. 
Receiver  of  Public  Moneys,  Jeifersonville,  Indiana. 
Receiver  of  Public  Moneys,  Chicago,  Illinois. 
Receiver  of  Public  Moneys,  Detroit,  Michigan    • 
Collector,  San  Francisco,  California. 
Depositary,  Tallahassee,  Florida. 

In  contested  cases,  the  deposition  of  a  witness  or  witnesses 
may  be  taken  by  either  part}'-,  on  reasonable  notice  being  given 
to  the  opposite  party,  of  the  time  and  place  when  and  where 
such  deposition  or  depositions  will  be  taken,  so  that  the  opposite 
party  shall  have  full  opportunity  to  cross-examine  the  witness 
or  witnesses.  And  such  notice,  with  the  proof  of  service  of 
the  same,  must  be  attached  to  the  deposition,  whether  the  party 
appear  and  cross-examine  or  not.  And  sufficient  notice  must 
also  be  given  of  the  hearing  at  the  Patent  Office,  for  the  appear- 
ance of  the  opposite  party,  and  for  the  transmission  of  the  evi- 
dence to  the  Patent  Office. 

All  evidence  taken  on  depositions  shall  be  sealed,  and 
addressed  to  the  Commissioner  of  Patents,  by  the  persons 
before  whom  it  shall  be  taken,  and  it  shall  be  so  certified  on 
the  envelop  containing  the  same. 

All  correspondence  with  the  Patent  Office  must  be  with  the 
Commissioner  of  Patents,  and  all  letters  or  communications  foi 
the  office  must  be  addressed  to  him. 


FORMS. 


PETITION    FOR   A    PATENT; 


To  the  Commissioner  of  Patents : 

The  petition  of  J.  F.,  of  Philadelphia,  in  the  county  of  Philadelphia,  and  State 
of  Pennsylvania,  respectfully  represents  : 
That  your  petitioner  has  invented  a  new  and  improved  mode  of  preventing 
steam  boilers  from  bursting,  w^hich  he  verily  believes  has  not  been  known  or 
used  prior  to  the  invention  thereof  by  your  petitioner.  He  therefore  prays 
that  letters  patent  of  the  United  States  may  be  granted  to  him  therefor,  vest- 
ing in  him  and  his  legal  representatives  the  exclusive  right  to  the  same,  upon 
the  terras  and  condition  expressed  in  the  act  of  Congress  in  that  case  made 
and  provided ;  he  having  paid  $15  into  the  treasury,  and  complied  with  the 
other  provisions  of  the  said  act. 

J.  P 


I 


ISTo.    3. 


SPECIFICATION. 


To  all  whom  it  may  concern  : 

Be  it  known  that  I,  J.  P.,  of  Philadelphia,  in  the  county  of  Philadel- 
phia, in  the  State  of  Pennsylvania,  have  invented  a  new  and  improved  mode 
of  preventing  steam  boilers  from  bursting ;  and  I  do  hereby  declare  that  the 
following  is  a  full  and  exact  description  thereof,  reference  being  had  to  the 
accompanying  drawings,  and  to  the  letters  of  reference  marked  thereon: 

The  nature  of  my  invention  consists  in  providing  the  upper  part  of  a  steam 
boiler  with  an  aperture  in  addition  to  that  for  the  safety-valve ;  which  aper- 
ture is  to  be  closed  by  a  plug  or  disk  of  alloy,  which  will  fuse  at  any  given 
degree  of  heat,  and  permit  the  steam  to  escape,  should  the  safety-valve  fail  to 
perform  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and  use  my  invention,  I  will 
proceed  to  describe  its  construction  and  operation.  I  construct  my  steam- 
boiler  in  any  of  the  known  forms,  and  apply  thereto  gauge-cocks,  a  safety-valve, 
and  the  other  appendages  of  such  boilers ;  but,  in  order  to  obviate  the  danger 
arising  from  the  adhesion  of  the  safety-valve,  and  from  other  causes,  I  make 
a  second  opening  in  the  top  of  the  boiler,  similar  to  that  made  for  the  safety- 
valve,  as  shown  at  A,  in  the  accompanying  drawing ;  and  in  this  opening  I 
insert  a  plug  or  disk  of  fusible  alloy,  securing  it  in  its  place  by  a  metal  ring 
and  screws,  or  otherwise.  This  fusible  metal  I,  in  general,  compose  of  a  mix- 
tiu-e  of  lead,  tin,  and  bismuth,  in  such  proportions  as  will  insure  its  melting  at 


PATENTS.  425 

a  given  temperature,  wliich  must  be  that  to  which  it  is  intended  to  limit  the 
steam  ;  and  will,  of  course,  vary  with  the  pressure  the  boiler  is  intended  to 
sustain. 

I  surround  the  opening  containing  the  fusible  alloy  by  a  tube  B,  intended 
to  conduct  off  any  steam  which  may  be  discharged  therefrom.  When  the 
temperature  of  the  steam  in  such  a  boiler  rises  to  its  assigned  limit,  the  iiisible 
alloy  will  melt,  and  allow  the  steam  to  escape  freely,  thereby  securing  it  from 
all  danger  of  explosion. 

What  I  claim  as  my  invention,  and  desire  to  secure  by  letters  patent,  is  the 
application  to  steam  boilers  of  a  fusible  alloy,  which  will  melt  at  a  given  tem- 
perature, and  allow  the  steam  to  escape,  as  herein  described,  using  for  that 
purpose  the  aforesaid  metalHc  compound,  or  any  other  substantially  the  same, 
and  which  will  proilncc  the  intended  efi'ect. 

J.  F. 

Witnesses, 

R.  F.    . 

0.  E.  


JSa.   3, 

THE   SPECIFICATION   FOR   A   MACHINE,    SHOULD   COMMENCE    THUS! 

Be  it  known  that  I,  .....  of ,  in  the  county  of ,  and  State  of . , . , 

have  invented  a  new  and  useful  machine  for  (stating  the  use  and  title  of  the 
machine ;  and  if  the  application  is  for  an  improvement,  it  should  read  thus  :  a 
new  and  useful  improvement  on  a,  or  on  the,  machine,  &:c.) — and  I  do  hereby 
declare  that  the  following  is  a  full,  clear,  and  exact  description  of  the  construc- 
tion and  operation  of  the  same ;  reference  being  had  to  the  annexed  drawings, 
making  a  part  of  this  specification,  in  which  figure  1  is  a  perspective  view  ; 
figure  2  a  longitudinal  elevation ;  figure  3  a  transverse  section,  &c  ;  (thus 
describing  all  the  sections  of  the  drawings,  and  then  referring  to  the  parts  by 
letters.  Then  follows  the  description  of  the  construction  and  operation  of  the 
machine ;  and  lastly  the  claim,  which  should  express  the  nature  and  character 
of  the  invention,  and  identify  the  parts  claimed  separately  or  in  combination. 
If  the  specification  is  for  an  improvement  the  original  invention  should  be  dis- 
claimed, and  the  claim  confined  to  the  improvement.) 


No.    4. 

OATH    ANNEXED. 

State  of  Pennsylvania,  City  and  County  of  Philadelphia,  ss.     On  this .... 

day  of ,  185-  before  me,  the  subscriber,  a .... ,  personally  appeared  the 

within  named  J.  F.,  and  made  solemn  oath  {or  affirmation)  that  he  verily 
believes  himself  to  be  the  original  and  first  inventor  of  the  mode  herein 
described  for  preventing  steam  boilers  from  bursting ;  and  that  he  does  not 
know  or  believe  the  same  was  ever  before  known  or  used ;  and  that  he  is  a 
citizen  of  the  United  States. 

(Signed)  A.  B.,  Justice  of  the  Peace. 


No.     5. 

OATH   OF  AN  ALIEN  WHO  HAS  TAKEN  THE  REQUISITE  STEPS   TO  BECOME  NATURALIZED. 

State  of  Pennsylvania^  City  and  County  of  Philadelphia,  ss.     On  this. , .  .day 

of ,18      ,  before  me,  the  subscriber,  a   .  . .,  personally  appeared  the  within 

64 


426  THE  CLERK'S  ASSISTANT. 

named  J.  F.,  and  made  solemn  oatli  (or  affirmation)  tliat  he  verily  believes 
himself  to  be  the  original  and  first  inventor  of  the  mode  herein  described 
for  preventing  steam  boilers  from  bursting;  and  that  he  does  not  know  or 
believe  the  same  was  ever  before  known  or  used ;  and  that  he  is  a  native  of 
the  Kingdom  of  Grreat  Britain;  that  he  has  resided  within  the  United  States 
for  the  whole  of  the  past  year,  and  has  taken  the  oath  prescribed  by  law 
for  becoming  naturalized  in  this  country. 

(Signed)  A.  B.,  Justice  of  the  Peace. 


ISO.    6. 

PETITION   TO   WITHDRAW   APPLICATION   FOR   A   PATJiNT. 

To  the  Commissioner  of  Patents : 

Sir — I  hereby  withdraw  my  application  for  a  patent  for  improvements  iu 
the  cotton-gin,  now  in  your  office,  and  request  that  $20  may  be  returned  to 
me,  agreeably  to  the  provisions  of  the  act  of  Congress  authorizing  such  with- 
drawal. 

E.  W. 

Cabotsville,  Mass.,  February  16,  1860. 

Received  of  the  Treasurer  of  the  United  States,  per  C.  M.,  Commissioner 
of  Patents,  $20,  being  the  amount  refunded  on  withdrawing  my  application 
for  a  patent  for  improvements  in  the  cotton-gin. 

•  E.  W. 

Cabotsville,  Mass.,  February  16,  1860. 


TSo.    v. 

SURRENDER   OF   A   PATENT   FOR   RE- ISSUE. 

To  the  Commissioner  of  Patents : 

The  petition  of  S.  M.,  of  Philadelphia,  in  the  county  of  Philadelphia,  and 
State  of  Pennsylvania,  respectfully  represents: 
That  he  did  obtain  letters  patent  of  the  United  States  for  an  improvement 
in  the  boilers  of  steam  engines,  which  letters  patent  are  dated  on  the  1st  day 
of  March,  1850 ;  that  he  now  believes  that  the  same  is  inoperative  and  in- 
valid by  reasoa  of  a  defective  specification,  which  defect  has  arisen  from  in- 
advertence and  mistake.  He  therefore  prays  that  he  may  be  allowed  to  sur- 
render the  same,  and  requests  that  new  letters  patent  may  issue  to  him,  for 
the  same  invention,  for  the  residue  of  the  period  for  which  the  original  patent 
was  granted,  under  the  amended  specification  herewith  presented,  he  having 
paid  $30  into  the  treasury  of  the  United  States,  agreeably  to  the  require- 
ments of  the  act  of  Congress  in  that  case  made  and  provided. 

S.  M. 


lSf>.    8. 

OATH   TO   BE   APPENDED   TO   APPLICATIONS   FOR   RE-ISSUES. 

State  of  Pennsylvania^  City  and  County  of  Philadelphia,  ss.     On  this 

day  of 18. .,  before  the  subscriber,  a ,  personally  appeared  the  above 

named  S.  M.,  and  made  solemn  oath  (or  affirmation)   that  he  verily  believes 
that,  by  reason  of  an  insufficient  or  defective  specification,  his  aforesaid  patent 


PATENTS.  427 

is  not  fully  valid  and  available  to  him ;  and  that  the  said  error  has  arisen  from 
inadvertence,  accident,  or  mistake,  and  without  any  fraudulent  or  deceptive 
intention,  to  the  best  of  liis  knowledge  or  belief. 

(Signed) . 


ISo.    O. 

ADDITION   OF   NEW  IMPROVEMENTS. 

To  the  Commissioner  of  Patents : 

The  petition  of  J.  R.,  of  the  county  of  Berkely  and  State  of  Virginia,  respect- 
fully represents : 
That  your  petitioner  did  obtain  letters  patent  of  the  United  States  for  an 
improvement  in  the  boilers  of  steam  engines,  which  letters  patent  are  dated 
on  the  1st  day  of  March,  1860 ;  that  he  has  since  that  date  made  certain  im- 
provements on  his  said  invention;  and  that  he  is  desirous  of  adding  the  sub- 
joined description  of  his  said  improvements  to  his  original  letters  patent, 
agreeably  to  the  provisions  of  the  act  of  Congress  in  that  case  made  and  pro- 
vided, he  having  paid  IgiSO  into  the  treasury  of  the  United  States  and  other- 
wise complied  with  the  requirements  of  the  said  act. 

J.  R. 


3yo.  lo. 

FORM    FOR   A    DISCLAIMER. 

To  the  Commissioner  of  Patents: 

The  petition  of  S.  C,  of  Cabotsville,  in  the  county  of  Hampden  and  State  of 
Massachusetts,  respectfully  represents : 
That  he  has,  by  assignment,  duly  recorded  in  the  Patent  Office,  become  tho- 
owner  of  a  right  for  the  several  States  of  Massachusetts,  Connecticut  and 
Rhode  Island,  to  certain  improvements  in  the  steam  engine,  for  which  letters 
patent  of  the  United  States  were  granted  to  J.  D.,  of  Boston,  in  the  State  of 
Massachusetts,  dated  on  the  1st  day  of  March,  1860;  tliat  he  has  reason  to 
believe  that,  through  inadvertence  and  mistake,  the  claim  made  in  the  specifi- 
cation of  said  letters  patent  is  too  broad,  including  that  of  which  the  said 
patentee  was  not  the  first  inventor.  Your  petitioner,  therefore,  hereby  enters 
his  disclaimer  to  that  part  of  the  claim  in  the  aforenamed  specification  which 
is  in  the  following  words,  to  wit :  "  I  also  claim  the  particular  manner  in 
which  the  piston  of  the  above  described  engine  is  constructed  so  as  to  insure 
the  close  fitting  of  the  packing  thereof  to  the  cylinder,  as  set  forth;"  which 
disclaimer  is  to  operate  to  the  extent  of  the  interest  in  said  letters  patent  vest- 
ed in  your  petitioner,  who  has  paid  $10  into  the  treasury  of  the  United  States, 
agreeably  to  the  requirements  of  the  act  of  Congress  in  that  case  made  and 
provided. 

^  S.  C. 

ISo,    11. 

APPLICATION   FOR   PATENTS   FOR   DESIGNS. 

To  the  Commissioner  of  Patents : 

The  petition  of  B.  W.,  of  the   city  and  county  of  Philadelphia  and  State  of 
Pennsylvania,  respectfully  represents : 
That  your  petitioner  has  invented  or  produced  (a  new  and  original  design 
for  a  composition  in  alto-relievo)  whi^-L  lie  verily  believes  has  not  been  known 


428  THE  CLERK'S  ASSISTANT. 

prior  to  the  production  thereof  by  your  petitioner.  He  therefore  prays  that 
letters  patent  of  the  United  States  may  be  granted  to  him  therefor,  vesting  in 
him  and  his  legal  representatives  the  exclusive  right  to  the  same,  upon  the 
terms  and  conditions  expressed  in  the  act  of  Congress  in  that  case  made  and 
provided,  he  having  paid  $15  into  the  treasury,  and  complied  with  the  other 
provisions  of  the  said  act.  And  he  asks  that  such  patent  may  issue  for  seven 
(or  3i,  or  14)  years.  g    -^y 


SPECIFICATION   FOR   DESIGNS.. 

To  all  whom  it  may  concern  : 

Be  it  know,  that  I,  B.  W.,  of  the  city  of  Philadelphia,  in  the  county 
of  Pliiladelphia  and  State  of  Pennsylvania,  have  invented  or  produced  a  new 
and  original  design  for  a  composition  in  alto-relievo,  and  I  do  hereby  declare 
that  the  following  is  a  full  and  exact  description  of  the  same : 

(Here  follows  a  description  of  the  design,  with  reference  to  the  specimen  or 
drawing,  the  specification  to  conclude  with  declaring  what  the  inventor  claims, 
in  terms  characteristic  of  the  design,  &c.) 

B.  W 
Witnesses, 
N.  W. 
N.  B. 


Wo.    X3. 

OATH   TO   SPECIFICATION    FOR   DESIGN. 

State  of  Pennsylvania,  City  and  County  of  Philadelphia,  ss.  On  this . 
day  of. . . .,  186. .,  before  the  subscriber,  a. . .  .,  personally  appeared  the  within 
named  B.  W.,  and  made  solemn  oath  (or  affirmation,  as  the  case  may  be) 
that  he  verily  believes  himself  to  be  the  original  and  first  inventor  or  pro- 
ducer of  the  design  for  a  compositi6n  in  alto-relievo,  and  that  he  does  not 
know  or  believe  that  the  same  was  ever  before  known  or  used,  and  that  he  i? 
a  citizen  of  the  United  States. 


TTo.    X4. 

FORM    OF   A   CAVEAT. 

To  the  Commissioner  of  Patents : 

The  petition  of  S.  C,  of  Cabotsville,  in  the  county  of  Hampder.  and  State 
of  Massachusetts,  respectfiilly  represents  : 

That  he  has  made  certain  improvements  in  the  mode  of  constructing  the 
boilers  for  steam  engines,  and  that  he  is  now  engaged  in  making  experiments 
for  the  purpose  of  perfecting  the  same,  preparatory  to  his  applying  for  letters 
patent  therefor.  He  therefore  prays  that  the  subjoined  description  of  his 
invention  may  be  filed  as  a  caveat  in  the  confidential  archives  of  the  Patent 
Office,  agreeably  to  the  provisions  of  the  act  of  Congress  in  that  case  made 
and  provided;  he  having  paid  §10  into  the  treasury  of  the  United  States,  and 
otherwise  complied  with  the  requirements  of  the  said  act. 

S.  C. 

Cabotsville,  March  1,  1860. 


PATENTS.  429 

3Xo.    X5. 

ASSIGNMENT    OF    THE    ENTIRE    INTEREST    IN    LETTERS    PATENT   BEB'ORE    OBTAINING 

THE    SAME. 

Whereas  I,  J.  W.,  of  Scipio,  in  the  county  of  Cayuga  and  State  of 
New  York,  have  invented  certain  new  and  useful  improvements  in  plows, 
for  which  I  am  about  to  make  application  for  letters  patent  of  the  United 
States;  and  whereas  D.  P.,  of  Burlington,  ISTew  Jersey,  has  agreed  to 
purchase  from  me  ail  the  right,  title,  and  interest  which  I  have,  or  may 
have,  in  and  to  the  said  invention  in  consequence  of  the  grant  of  letters 
patent  therefor,  and  has  paid  to  me,  the  said  W.,  the  sum  of  $5,000,  the 
receipt  of  which  is  hereby  acknowledged :  Now  this  indenture  witnesseth, 
that  for  and  in  consideration  of  the  said  sum  to  me  paid,  I  have  assigned  and 
transferred,  and  do  hereby  assign  and  transfer,  to  the  said  D.  P.,  the  tuU  and 
exclusive  right  to  all  the  improvements  made  by  me,  as  fully  set  forth 
and  described  in  the  specification  which  I  have  prepared  and  executed  pre- 
paratory to  the  obtaining  of  letters  patent  therefor.  And  I  do  hereby  autho- 
rize and  request  the  Commissioner  of  Patents  to  issue  the  said  letters  patent 
to  the  said  D.  P.,  as  the  assignee  of  my  whole  right  and  title  thereto,  for  the 
sole  use  and  behoof  of  the  said  David  Peacock  and  his  legal  representa- 
tives. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  seal 
this  16th  day  of  February,  1860. 

J.  W.  [seal.! 

Sealed  and  delivered  in  ) 
the  presence  of        \ 
G.  C. 
D.  R. 


JSo.    16. 

ASSIGNMENT   OF   A   PARTIAL   RIGHT   IN   A   PATENT. 

Whereas  I,  J.  W.,  of  Scipio,  in  the  county  of  Cayuga  and  State  of  New 
York,  did  obtain  letters  patent  of  the  United  States  for  certain  improve- 
ments in  plows,  which  letters  patent  bear  date  the  first  day  of  March,  1855; 
and  whereas  D.  P.,  of  Burlington,  New  Jersey,  is  desirous  of  acquiring  an 
interest  therein :  Now,  this  indenture  witnesseth,  that  for  and  in  con- 
sideration of  the  sum  of  $2,000,  to  me  in  hand  paid,  the  receipt  of  which  is 
hereby  acknowledged,  I  have  assigned,  sold,  and  set  over,  and  do  hereby 
assign,  sell,  and  set  over,  unto  the  said  D.  P.,  all  the  right,  title,  and  interest 
which  I  have  in  the  said  invention,  as  secured  to  me  by  said  letters  patent, 
for,  to,  and  in  the  several  states  of  New  York,  New  Jersey,  and  Penn- 
sylvania, and  in  no  other  place  or  places;  the  same  to  beheld  and  enjoyed  by 
the  said  D.  P.,  for  his  own  use  and  behoof,  and  for  the  use  and  behoof 
of  his  legal  representatives,  to  the  full  end  of  the  term  for  Avhich  said  letters 
patent  are  granted,  as  fully  and  entirely  as  the  same  would  have  been  held 
and  enjoyed  by  me  had  this  assignment  and  sale  not  been  made. 

In  testimony  whereof,  I  hereunto  set  my  hand  and  affix  my  seal  this  16th 
day  of  February,  1800. 

J.    W.    fsEAl.] 

Sealed  and  delivered  in  ) 
the  presence  of         \ 
J.  P. 
D.  F. 


430  THE  CLERK'S  ASSISTANT. 

I«fo.    XT. 

THE    CERTIFICATE    OF    DF.POSIT    WITH    ASSISTANT   TREASURER. 

Office  of  the 

The  Treasurer  of  the  United  States  has  credit  at  this  office  for  $. . ..  in 
specie,  deposited  by .  . .,  of  the  town  of. . . .,  in  the  county  of. . .  .and  State 
of. . . .,  the  same  being  for  a  patent  (or  whatever  the  object  may  be)  for  a 
steam-boiler. 

A.  B. 


I 


JXo.    X8. 

DEPOSITION. 

In  the  matter  of  the  interference  of 


L.     G. 

loith 
I.     K. 


A.  B.,  being  duly  sworn,  doth  depose  and  say,  in  answer  to  interrogatories 
proposed  to  him'by  C.  D.,  counsel  for  E.  F.,  as  follows,  viz. : 

1.  Interrogatory.     What  is  your  name,  your  residence,  and  occupation  ? 

1.  Answer.  My  name  is  A.  B. ;  I  am  a  carpenter,  and  reside  in  Boston, 
Massachusetts. 

And  in  answer  to  cross  interrogatories  proposed  to  him  by  G.  H.,  counsel 
for  I.  K.,  as  follows,  viz. : 

1.  Cross  interrogatory,  &c. 

(Signed)  A.  B. 

State  of  New  York,  Rensselaer  County,  ss.  At  Troy,  in  said  county,  on  the 
. . .  .day  of. . . .,  A.  D.  1856,  before  me  personally  appeared  the  above  named 
A.  B.,  and  made  oath  that  the  foregoing  deposition,  by  him  subscribed,  con- 
tains the  whole  truth,  and  nothing  but  the  truth. 

The  said  deposition  is  taken  at  the  request  of  E.  F.,  to  be  used  upon  the 
hearing  of  an  interference  between  the  claims  of  the  said  E.  F.  and  those  of 
I.  K.,  before  the  Commissioner  of  Patents  of  the  United  States,  at  his  office, 
on  the. . .  .day  of.  . .  .next.  The  said  I.  K.  was  duly  notified,  as  appears  by 
the  original  notice  hereto  annexed,  and  attended  by  G.  H.,  his  counsel.  Cer- 
tified by  me, 

L.  M.,  Justice  ,o/  the  Peaxx. 


ISo.    Xt*. 

SUPERSCRIPTION    TO    BE    WRITTEN    ON     THE    ENVELOP    CONTAINING    THE     DEPOSITION. 

I  hereby  certify  that  the  depositions  of  A.  B.,  C.  D.,  &c.,  relating  to  the 
matter  of  interference  between  E.  F.,  and  G.  H.,  -were  taken,  sealed  up,  and 
addressed  to  the  Commissioner  of  Patents,  by  me. 

H.  M.,  Commissioner  of  Deeds. 


IS  o.  a  o  . 

AMENDMENTS   TO    SPECIFICATION. 


"  I  hereby  amend  my  specification  by  inserting  the  following  words  after 

the  word in  the line  of  the page  thereof,"  (here  should  follow  the 

words  that  are  to  be  inserted ;)  or,  "  I  hereby  amend  my  specification  by 


PATENTS.  431 

striking  out  the. .  .line  of  the. . .  .page  thereof,"  or,  "by  striking  out  the 
first  and  fourth  claims  appended  thereto,"  or  whatever  may  be  the  amend- 
ment desired  by  the  apphcant. 

L.  D. 
"Witnesses, 
K.  C. 
0.  P.  

ifo.  ai. 

ASSIGNMENT   OF   THE   RIGHT   IN   A   PATENT   FOR   ONE   OR   MORE   STATES. 

Whereas,  A.  B.,  in  the  city  of  Troy,  county  of  Rensselaer,  and  State  of 
New  York,  did  obtain  letters  patent  of  the  United  States,  for  certain  improve- 
ments in  extension  bedsteads,  which  letters  patent  bear  date  the  16th  day  of 
March,  1860. 

And  whereas,  0.  D.,  of  the  city  aforesaid,  is  desirous  of  acquiring  an 
interest  therein.  Now  this  indenture  witnesseth,  that  for  and  in  consideration 
of  the  sum  of  $6,000  to  me  in  hand  paid,  the  receipt  whereof  is  hereby  acknow- 
ledged, I  have  assigned,  sold  and  set  over,  and  do  hereby  assign,  sell  and  set 
over,  all  the  right,  title  and  interest,  which  I  have  in  the  said  invention,  as 
secured  to  me  by  said  letters  patent,  for,  to  and  in  the  State  of  Vermont, 
and  in  no  other  place  or  places;  the  same  to  be  held  and  enjoyed  by  the  said 
C.  D.,  for  his  own  use  and  'behoof,  and  for  the  use  and  behoof  of  his  legal  rep- 
resentatives, to  the  full  end  and  term  for  which  the  said  letters  patent  are  or 
may  be  granted,  as  fully  and  entirely  as  the  same  would  have  been  held  and 
enjoyed  by  me,  had  this  assignment  and  sale  not  have  been  made. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  25th  day  of 
June,  1860. 

A.  B.  fL.  S.J 

In  presence  of 
G.    H. 
L.    M. 


No.  as. 

APPEAL   TO   THE   EXAMINERS-IN-OHIEF. 

To  the  Commissioner  of  Patents : 

Sir  —  In  conformity  with  section  third  of  the  act  of  Congress,  dated  2d 
March,  1861,  I  hereby  make  application  for  an  appeal  from  the  decision  of  the 
Principal  Examiner,  in  the  matter  of  my  application  for  a  patent  for  an  improve- 
ment in  (describe  patent),  rejected  a  second  time  on  the day  of , 

186 . ,  and  request  that  the  same  may  be  heard  by  the  Examiners-in-Chief,  the 
renewed  oath  required  in  such  cases  having  been  taken. 

Respectfully, 


CHAPTER  XXXII. 


PENSIONS. 


A  pension  is  a  stated  and  certain  allowance  granted  by  tlie 
government  to  an  individual,  or  those  who  represent  him,  for  val- 
uable services  performed  by  him  for  the  country.  Congress  by 
general  laws  has  granted  pensions  to  revolutionary  soldiers,  to 
naval  officers  and  sailors,  to  members  of  the  army,  and  of  the 
militia  who  have  been  in  actual  service  a  sufficient  length  of  time, 
and  to  those  who  have  been  wounded  or  disabled  since  the  Revo- 
lution, in  United  States  service. 

In  addition  to  pensions,  bounty  lands  or  military  land  warrants 
have  been  granted  to  such  persons  who  have  been  in  the  service 
of  the  United  States  a  sufficient  length  of  time  to  entitle  them  to 
receive  them. 

Agents  have  been  appointed  by  the  government  in  different 
parts  of  the  United  States  for  the  purpose  of  paying  pension 
claims.  Of  this  number  forty-seven  are  army  pension  agents, 
and  nineteen  are  navy  pension  agents.  Each  person  entitled  to 
a  pension  on  applying  to  the  proper  agent,  must  identify  himself 
or  herself  as  the  person  entitled  to  such  pension,  which  fact 
must  be  proved  by  affidavit,  and  must  contain  a  copy  of  the  ori- 
ginal certificate  entitling  such  person  to  draw  a  pension.  K  the 
pension  has  been  increased  by  any  law  of  Congress  since  the 
orio-inal  certificate  was  granted,  that  fact  must  be  noted  by  the 
mao-istrate  before  whom  the  proof  of  identification  is  taken.  The 
requisite  proofs  for  this  purpose  may  be  taken  before  any  person 
authorized  to  administer  oaths,  and  when  such  proofs  are  submit- 
ted to  the  agent  he  must  be  satisfied  by  a  certificate  from  the 
County  Clerk  or  prothonotary.  that  the  magistrate  taking  such 
proofs  was  authorized  to  take  the  same. 


PENSIONS.  433 

Owing  to  tlie  liability  to  mistake  or  error,  great  care  must  be 
taken  in  preparing  the  papers  for  substantiating  the  necessary 
facts.  All  interlineations  in  the  papers  should  be  carefully  noted 
by  the  magistrate,  at  the  time  of  execution.  If  the  pension  has 
remained  unclaimed  by  any  pensioner,  for  the  period  of  fourteen 
months  after  it  has  become  due  and  payable,  application  to  draw 
the  same  must  be  made  at  Washington,  to  the  Department  of  the 
Interior. 

Where  an  attorney  or  agent  of  the  pensioner  makes  applica- 
tion for  the  pension,  he  must  deposit  with  the  agent  a  power  of 
attorney  in  his  favor  duly  acknowledged,  and  dated  on  or  subse- 
quent to  the  day  on  which  the  pension  claimed  became  due,  and 
within  ninety  days  of  the  time  of  his  applying  for  payment ;  and 
also  his  own  affidavit,  that  said  power  was  not  given  him  by 
reason  of  any  sale,  transfer  or  mortgage  of  said  pension.  The 
pension  agent  of  the  government  is,  by  the  act  of  Congress, 
authorized  to  take  all  such  affidavits  or  affirmations  as  are  neces- 
sary for  carrying  out  the  intentions  of  the  law. 

In  case  of  the  death  of  any  pensioner,  the  arrears  of  pension 
due  to  him  at  the  time  of  his  death,  must  be  paid, 

I.  "To  the  widow  of  the  deceased  pensioner,  or  to  her  attor- 
ney," proving  herself  to  be  such  before  a  Court  of  Eecord. 

II.  If  there  be  no  widow,  then  to  the  child  or  children  of  the 
deceased  pensioner ;  or  to  his,  her,  or  their  attorney,  if  of  lawful 
age ;  or  to  his,  her,  or  their  guardian,  or  his  attorney  if  they  are 
minors,  upon  proof  before  a  Court  of  Eecord,  of  the  necessary 
facts  in  each  case. 

III.  If  there  be  no  widow,  child,  or  children,  then  the  amount 
due  such  pensioner  at  the  time  of  his  death  must  be  paid  to  the 
legal  representatives  of  the  deceased. 

IV.  When  an  executor  or  administrator  shall  apply  for  the 
pension  due  to  a  deceased  person,  he  must  deposit  with  the 
agent  for  paying  pensions  a  certificate  of  the  Clerk  of  the  Court, 
Judge  of  Erobate,  Eegister  of  Wills,  Ordinary  or  Surrogate  (as 
the  case  may  be),  stating  that  he  is  duly  authorized  to  act  in  that 
capacity  on  the  estate  of  the  deceased  pensioner,  and  that  it  has 
been  proved  to  his  satisfaction  that  there  is  no  widow,  child,  nor 
children,  of  the  said  pensioner,  living. 

55 


434  THE  CLERK'S   ASSISTANT. 

7tli.  In  all  cases  of  payments  being  made  of  moneys  due  a 
deceased  pensioner,  the  original  pension  certificate  must  be  sur- 
rendered, as  evidence  of  the  identity  of  the  person  to  whom  the 
pension  claimed  was  due,  or  other  substantial  evidence  of  such 
identity  must  be  produced  in  case  such  certificate  cannot  be  ob- 
tained for  surrendry,  and  that  due  search  and  inquiry  have  been 
made  for  said  certificate,  and  that  it  cannot  be  found.  The  date 
of  said  pensioner's  death  must  be  proved  before  a  Court  of  Eecord. 
8th.  A  certificate  of  the  facts  proved  must  be'  obtained  from 
the  Clerk  of  the  court.  It  is  not  necessary  for  the  Clerk  to  give 
the  evidence  in  detail,  but  only  to  state  the  facts  that  have  been 
proved,  and  certify,  under  his  seal  of  offiGe,  that  the  testimony 
adduced  was  satisfactory  to  the  court. 

9th.  When  a  pensioner  is  placed  under  guardianship,  the  guar- 
dian applying  for  a  pension  must,  in  addition  to  the  evidence  of 
the  pensioners'  identity,  deposit  with  the  agent  for  paying  pen- 
sions, a  certificate,  from  the  proper  authority,  that  he  is  at  that 
time  acting  in  that  capacity,  and  also  satisfactory  evidence  that 
his  ward  was  living  at  the  date  the  pension  claimed  became  due. 
When  a  person  who  has  been  disabled  in  the  service  of  the 
United  States,  applies  for  a  pension,  his  application  should  show 
what  time  he  enlisted  in  the  service,  in  what  company  and  under 
what  commander  he  served,  and  that  he  was  honorably  dis- 
charged from  the  service,  and  in  what  his  disability  consists.  The 
two  latter  facts  may  be  shown,  by  his  certificate  of  discharge  and 
surgeon's  certificate  of  disability. 

In  cases  where  the  regular  discharge  and  surgeon's  certificate 
for  disability  have  been  lost,  or  where  none  have  been  given,  the 
applicant  niust  produce  the  certificate  of  his  captain,  or  other 
commissioned  officer,  under  whom  he  served,  stating  .distinctly 
the  time  and  place  of  his  having  been  wounded,  or  otherwise  dis- 
abled, and  that  the  said  wounds  or  disabilities  arose  while  in  the 
service  of  the  United  States,  and  in  the  line  of  his  duty. 

The  certificate  of  a  commissioned  officer  cannot  be  dispensed 
with,  unless  it  be  shown  that  such  certificate  cannot  be  obtained. 
In  such  case  the  applicant  must  produce  the  testimony  of  at  least 
two  credible  witnesses  (who  were  in  a  condition  to  know  the  facts 
about  which  they  testify),  whose  good  character  must  be  vouched 
for  by  some  one  known  to-the  department,  and  wh3  must  give  a 


PENSIONS.  435 

miniite  narrative  of  the  facts  in  relation  to  the  matter.  They 
must  show  how  they  obtained  a  knowledge  of  the  facts  to  which 
they  testify,  and  state  in  what  capacity  or  grade  they  served. 
The  habits  of  the  applicant,  and  his  occupation,  since  he  left  the 
service,  must  be  shown  by  at  least  two  credible  witnesses.  All 
evidence  must  be  verifed  by  oath  or  affirmation,  and  the  official 
character  of  the  magistrate  must  be  duly  authenticated ;  and  such 
magistrate  must,  in  all  cases,  certify  that  he  is  not  interested  in 
the  prosecution  of  the  claim. 

By  the  act  of  congress,  approved  July  14,  1862,  pensions  are 
granted  to : 

Invalids,  disabled  since  March  4,  1861,  in  the  line  of  duty,  in 
the  military  or  naval  service  of  the  United  States. 

Widows  of  officers,  soldiers  or  seamen,  dying  by  reason  of  any 
wound  received  or  disease  contracted  while  in  the  service  of  the 
United  States,  and  in  the  line  of  duty,  and  if  there  be  no  widow, 
then  to  the  child  or  children  under  sixteen  years  of  age. 

If  the  deceased  has  left  no  widow  or  legitimate  child,  then  to 
the  mother  of  such  deceased,  if  she  was  dependent  upon  him  for 
support,  provided  such  mother  receives  no  other  pension. 

If  the  deceased  left  no  widow,  legitimate  child,  or  mother,  then 
to  an  orphan  sister  or  sisters,  under  sixteen  years  of  age,  who 
■^•ere  dependent,  in  whole  or  in  part,  upon  him  for  support. 


FORMS 


N"o.    1. 


INVALIDS    CLAIM. 

State  of  New  Yorlc,  Albany  County,  ss.  Be  it  known,  that  before  me,  G* 
H.,  a  Justice  of  the  Peace  in  and  for  the  county  aforesaid,  duly  authorized  by 
law  to  administer  oaths,  personally  appeared  A.  B.,  to  me  known,  and  made 
oath  in  due  form  of  law,  that  he  is  the  identical  person  named  in  an  original 
certificate  in  his  possession,  of  which  (I  certify)  the  following  is  a  true  copy : 
(Insert  copy  original  certificate.) 

Examined  and  countersigned. 

[l.  S.J  Commissioner  of  Pensions, 

Secretary  of... . 

That  he  now  resides  in  the  town  of  Bern,  in  said  county,  and  has  resided  there 
for  the  space  of  three  years  last  past,  and  that  previous  thereto  he  resided  in  Knox 
(and  no  other  place),  and  that  he  has  not  been  employed,  or  paid,  in  the  army, 
navy  or  marine  corps  of  the  United  States,  from  the  1st  day  of  January,  1848, 
to  the  26th  day  of  June,  1860,  nor  since  the  date  of  his  last  pension  cer- 
tificate. 

A.  B 
Sworn  and  subscribed  before  me  this  > 
26th  day  of  June,  1860,  J 

G.  H.,  Justice  of  the  Peace. 


No.    2. 


POWER   OF   ATTORNEY   ANNEXED. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  Bern,  an  invalid,  pen- 
sioner of  the  United  States,  do  hereby  constitute  and  appoint  C.  D.  my  true 
and  lawful  attorney,  for  me,  and  in  my  name,  to  receive  from  the  agent  of  the 
United  States  for  paying  pensions  in  the  city  of  Albany  my  pension,  fi-om 

the day  of 18.  .,  to  the day  of 18.. 

Witness  my  hand  and  seal  this  26th  day  of  June,  1860. 

A.  B.  [l.  S.1 
Sealed  and  delivered  in  ) 
the  presence  of         ^ 
L.  M. 
M.  0. 


PENSIONS.  437 

No.    3. 

ACKNOWLEDGMENT   TO   POWER   OF   ATTORNEY. 

State  of  New  York,  Albany  County,  ss.  Be  it  known,  that  on  the  26th  day 
of  June,  1860,  before  the  subscriber,  a  Justice  of  the  Peace  in  and  for  said 
county,  duly  authorized  by  law  to  administer  oaths,  personally  appeared  A. 
B.,  above  named,  and  acknowledged  the  foregoing  power  of  Attorney  to  be  his 
act  and  deed. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  the  day  and  year  last 
above  mentioned. 

G.  H.,  Justice  of  the  Peace 


No,   4, 

widow's  claim. 

State  of  New  York,  Albany  County,  ss.     Be  it  known,  that  before  me,  (Jr. 
H.,  a  Justice  of  the  Peace  in  and  for  the  county  aforesaid,  duly  authorized  by 
law  to  administer  oaths,  personally  appeared  A.  B.,  and  made  oath  in  due 
form  of  law,  that  she  is  the  identical  person  named  in  an  original  certificate 
her  possession,  of  which  (I  certify)  the  following  is  a  true  copy: 
(Insert  copy  of  original  certificate.) 
Examined  and  countersigned. 

Commissioner  of  Pensions, 

Secretary  of. .. , 

That  she  has  not  intermarried,  but  continues  the  widow  of  the  above  men- 
tioned L.  R. ;  that  she  now  resides  in  Bern,  in  said  county,  and  has  resided 
there  for  the  space  of  ten  years  last  past,  and  that  previous  thereto  she  resided 
in  Knox,  in  said  county. 

To  the  truth  of  which  statements  I  am  fully  satisfied, 

A.  B, 
Sworn  and  subscribed  before  me  this 
26th  day  of  June,  1860. 


\ 


Gr.  H.,  Justice  of  the  Peace, 


ISTo.    5, 

ADDITIONAL    PROOF    WHEN    A     PENSIONER    HAS    NEGLECTED    FOR    FOURTEEN    MONTHS 
TO    CLAIM    HIS    PENSION. 

Stale  of  New  York,  County  of  Albany,  ss.,  26th  day  of  June,  1860.  I,  J. 
P.  a  magistrate  in  the  county  above  named,  do  hereby  certify  that  I  have  the 
most  satisfactory  evidence,  viz. :  (here  state  what  the  evidence  is ;  whether 
personal  knowledge,  or  the  affidavits  of  respectable  persons,  giving  their 
names),  that. . . .,  who  has  this  day  appeared  before  me  to  take  the  oath  of 
identity,  is  the  identical  person  named  in  the  pension  certificate,  which  he  has 
exhibited  before  me,  numbered. . . .,  and  bearing  date  at  the  War  Oflice,  the 
11th  day  of  May,  1848,  and  signed  by. . . .,  Secretary  of  War. 

Given  under  my  hand,  at  Bern,  on  the  day  and  year  above  written. 

J.  P.,  Justice  of  the  Peace- 


438  THE  CLERK'S  ASSISTANT. 

No.    6. 

OATH   OF   GUARDIAN   FOR   A   PENSIONER. 

State  of  New  YorTc,  Albany  County,  ss.  Be  it  known,  that  before  me,  G. 
H.,  a  Justice  of  the  Peace  in  and  for  said  county,  personally  appeared  L.  M., 
guardian  of  A.  B.,  and  made  oath  in  due  form  of  law  that  the  said  A.  B.  is 
still  living,  and  is  the  identical  person  named  in  the  original  certificate  in  his 
possession,  of  which  I  certify  the  following  is  a  true  copy :  (Here  insert  a 
copy  of  his  certificate  of  pension.)  That  he  now  resides  in ,  and  has  re- 
sided there  for  the  space  of  five  years  last  past,  and  that  previous  thereto  he 
resided  in  the  town  of  Columbus,  county  of  Chenango,  in  said  State. 

L.  M.,  Guardian, 

Sworn  and  subscribed  this  26th  day  ) 
of  June,  1860,  before  me,  j 

G.  H.,  Justice,  &c. 


Wo.    "7. 

CERTIFICATE   OF   COUNTY   CLERK   AS   TO   MAGISTRATE. 

State  of  New  York,  County  of  Oswego.  I.  E.  P.,  clerk  of  the  county  ot 
Oswego,  and  State  aforesaid,  hereby  certify  that  Gr.  H.  is  a  Justice  of  the  Peace 
in  and  for  said  county,  duly  elected  and  qualified ;  that  his  term  of  office  com- 
menced on  the  1st  day  of  January,  1860,  and  will  expire  on  the  1st  day  of  Jan- 
uary, 1864,  (if  annexed  to  the  pension  papers  add  the  following)  and  that  his 
signature  above  (or  within)  written  is  genuine.  Given  under  my  hand  and 
the  seal  of  said  county,  this  26th  day  of  June,  1860. 

[l.  s.]  E.  E.,   County  Clerk. 


JSi>.     8. 

OATH    or    THE    AGENT    OR   ATTORNEY. 

State  of  New  York,  County  of  Oswego,  ss.  C.  D.  being  sworn  says,  that  he 
is  the  attorney  named  in  the  foregoing  power  of  attorney,  and  that  he  has  no 
interest  whatever  in  the  money  he  is  authorized  to  receive  by  virtue  of  the- 
foregoing  power  of  attorney,  either  by  any  pledge,  mortgage,  sale,  assignment- 
or  transfer,  and  that  he  does  not  know  or  beheve  that  the  same  has  been  s^ 
disposed  of  to  any  person  whatever. 

C.  D. 
Subscribed  and  sworn  before  me  ) 
this  26th  day  of  June,  1860,      \ 

M.  M.,    Commissioner  of  Deeds. 


JSo.    ». 

IDENTITY    OF    WIDOW    OR    CmLD    OF   A    DECEASED    PENSIONER. 

State  of  New  York,  County  of  Albany,  ss.  Be  it  known,  that  before  me,  G. 
H.,  a  Commissioner  of  Deeds  in  and  for  the  city  and  county  of  Albany,  person- 
ally appeared  B.  B.,  and  made  oath  in  due  form  of  law  that  she  (or  he)  is  a 
widow  (o?-  5on  or  daughter)  of  A.  B.  the  identical  person  who  was  a  pensioner, 
and  is  now  dead,  and  to  whom  a  certificate  of  pension  was  issued,  which  is 
herewith  surrendered.     That  the  deceased  pensioner  resided  in  the  town  of 


PENSIONS.  439 

Bern,  in  said  county,  for  the  space  of  ten  years  before  his  death,  and  that 
previous  thereto  he  resided  in  the  town  of  Schodack,  in  the  county  of  Rens- 
selaer, ill  said  State. 

Subscribed  and  sworn  before  me  ( 
this  26th  day  of  June,  1860,      \ 

G.  H.,   Commissioner  of  Deeds. 


No.    lO. 

CERTIFtCATB  OF  THE  COURT  AS  TO  THE  DEATH  OF  THE  PKNSIONEB. 

State  of  New  York,  County  of  Albany,  ss.  I.  R.  R.,  clerk  of  the  Supreme 
Couit  of  said  State,  held  for  the  county  of  Albany,  at  the  City  Hall  hi  the 
city  of  Albany,  do  hereby  certify,  that  satisfactory  evidence  has  been  exhibited 
to  said  court,  that  A.  B.  was  a  pensioner  of  the  United  States,  at  the  rate  of 
^8  per  month,  was  a  resident  of  the  State  of  New  York,  in  the  county  of 
Albany,  and  died  at  Bern,  in  said  county  and  State  on  the  12th  day  of  June, 
18GU ;  that  he  left  a  widow  named  B.  B.  {or  no  widow  but  one  child,  or  left 
two  children  whose  names  are  C.  B.  and  Gr.  B.)  (If  the  certificate  of  the  pen- 
sion has  been  lost  insert  here,  m  addition  :  And  that  his  pension  certificate 
has  been  lost,  and  after  due  search  and  inquiry  cannot  be  found.) 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my  official 
seal  at  Albany,  this  26th  day  of  June,  1860. 

[L.  s.|  ■  R-  li-.   C'/eri. 


ISO.    IX. 

NAVY    PENSION    CLAIM. 


State  of  New  YorJc,  County  of  Albany,  ss.  Be  it  known,  that  before  me,  a 
Justice  of  the  Peace  (or  other  officer,  as  the  case  may  be),  in  and  for  the 
county  aforesaid,  personally  appeared  A.  B.,  a  navy  (or  privateer),  pensioner, 
and  made  oath  in  due  form  of  law,  that  he  is  the  identical  person  named  ni  an 
"original  certificate  of  pension,  bearing  date  at  the  Xavy  Department,  on  the 

. .  r.  day  of ». . . ,  and  signed  by ,  Secretary  of  the  Navy  ;  which 

certificate  he  exhibited  to  me,  and  by  which  it  appears  that  he  is  entitled  to  a 

pension  of  § per  month.  ^ 

A.  B. 

Sworn  and  subscribed,  this  26th  day  ) 
of  June,  1860,  before  me,  ) 

G.  H.,  Justice  of  the  Peace. 


No.    13. 

WinoW   NAVY    PENSION    CLAIM. 


State  of  New  York,  County  of  Albany,  ss.  Be  it  known,  that  before  me,  a 
a  Justice  of  the  Peace  (or  other  officer,  as  the  case  may  be),  in  and  for  the  county 
aforesaid,  personally  appeai'ed  M.  B.,  widow  of  A.  B.,  and  made  oath  in  due 
form  of  I'aAV,  that  she  is  the  identical  person  named  in  an  orignial  certificate 

of  pension  bearing  date  at  the  Navy  Department,  on  the day  of , 

and  signed  by ,  Secretary  of  the  Navy ;  which  certificate  she  exhi- 


440  THE  CLERK'S  ASSISTANT. 

bited  to  me,  and  by  which  it  appears  that  she  is  entitled  to  a  pension  of  $. . , 
per  month,  and  that  she  has  not  intermarried,  but  continues  the  widow  of  the 
abovemeutioned  A.  B. 

M.  B. 
Sworn  and  subscribed  this  26th  day  ) 
of  June,  1860,  before  me,  j 

G.  H.,  Justice  of  the  Peace. 


avo.  13. 

GUARDIAN    CLAIM    FOR   NAVY    PENSION. 

State  of  New  York,  County  of  Albany,  ss.     Be  it  known,  that  before  me,  a 
Justice  of  the  Peace   (or  other  officer,  as  the  case  may  be)  in  and  for  the 

county  aforesaid,  personally  appeared   ,  guardian  of ,  orphan 

child  of (name  of  the  deceased  father),  and  made  oath,  in  due  form 

of  law,  that  he  is  the  guardian  named  in  the  accompanying  certificate  of 

guardianship  ;  that  his  said  wards  are  the  children  of ,  referred  to  in 

an  original  certificate  of  pension,  bearing  date  at  the  Navy  Department,  on 

the day  of ,  and  signed  by ,  Secretary  of  the  Navy ; 

by  which  it  appears  he  (she  or  they,  as  the  case  may  be)  is  (or  are)  entitled 

to  a  pension  of  $ per  month,  and  that  said  child is  (or  are,  as 

the  case  may  be)  still  living,  and  not  over  sixteen  years  of  age. 

L.  M.,    Guardian. 

Sworn  and  subscribed,  this  ....  day  \ 

of ,  18..,  before  me,  \ 

G.  H.,  Justice  of  the  Peace. 


3Vo.     14. 

APPLICATION   FOR   AN   INVALID   PENSION,    WITH   PROOF   OF   IDENTITY. 

State  of ,  County  of ,  ss.     On  this day  of , 

A.  D.,  18.  .,  personally  appeared  before  me,  a  Justice  of  the  Supreme  Court 
{or  other  County  Judge),  a  court  of  record  within  and  for  the  county  and 

State  aforesaid, ,  aged  . . .  years,  a  resident  of ,  in  the  State 

of ,  who,  being  duly  sworn  according  to  law,  declares  that  he  is  the 

identical ,  who  enlisted  in  the  service  of  the  United  States  as  a 

....  in  a  company  commanded  by ,  in  the  war  with  Great  Britain, 

declared  by  the  United  States  on  the  18th  of  June,  1812  (if  any  (jther  war, 

describe  what  war),  and  was  honorably  discharged  on  the day  of 

. . . .,  in  the  year  .  . . .  ;  that,  while  in  the  service,  and  in  the  line  of  his  duty, 
he  received  the  following  wound  {or  other  disabihty,  as  the  case  may  be)  : 
(Here  give  a  particular  and  minute  account  of  the  wound  or  other  injury,  and 
state  how,  when  and  where  it  occurred,  where  the  applicant  has  resided  since 
leaving  the  service,  and  what  has  been  his  occupation.)  He  makes  this 
declaration  for  the  purpose  of  being  placed  on  the  Invalid  Pension  Roll  of  the 
United  States.  (Signature  of  claimant.) 

Also,  on  the  same  day,  personally  appeared  B.  B.  and  C.  C,  residents  of  said 

county  of     persons  whom  I  certify  to  be  respectable  and  entitled  to 

credit,  andwho,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw 

said 1  sign  his  name  {or  make  his  mark)  to  the  foregoing  declaration  • 

and  they  further  swear,  that  they  have  every  reason  to  believe,  from  tl.e 
appearance  of  the  apphcant,  and  their  acquaintance  with  him,  that  he  is  the 
identical  person  he  represents  himself  to  be,  and  who  served  as  stated  in  his 


{ 


PENSIONS.  441 

declaration:  that  his  habits,  since  he  left  the  service,  have  been  good,  and 
his  occupation  that  of :  and  that  they  have  no  interest  in  the  prose- 
cution of  this  claim. 

B.  B. 

C.  C. 

Sworn  to  and  subscribed  before  me,  this day  of ;  and  1 

hereby  certify,  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
of  this  claim. 

Witness  my  signature,  and  the  seal  of  said  court,  at ,  the  day  and 

year  aforesaid. 

M.  M.,  Judge,    [l.  s.] 


avo.   15. 

surgeons'  certificate. 

State  of ,  County  of ,  June  27th,  1860.     It  is  hereb^r 

certified,  that  A.  B.,  a  private  in  the  company  of  Captain  A.  C,  in  the  tliird 
regiment  of  the  United  States  Army,  is  rendered  incapable  of  performing  the 
duty  of  a  soldier,  by  reason  of  wounds  or  other  injuries,  inflicted  while  he 
was  actually  in  the  service  aforesaid,  and  in  tlie  line  of  his  duty,  viz.: 

By  satisfactory  evidence  and  accurate  examination,  it  appeals  that  on  the 
1st  day  of  January,  in  the  year  1860,  being  engaged  in  a  contest  with  the 
Camanche  Indians,  at  or  near  a  place  called  Brent's  Fort,  in  the  district  or 
territory  of  Nebraska,  he  received  a  rifle  ball  in  his  right  leg,  just  above  the 
knee  (describe  the  wound  or  disability  particularly,  and  how  it  affects 
the  applicant),  and  he  is  thereby,  not  only  incapacitatetl  for  military  duty, 
but,  in  the  opinion  of  the  undersigned,  is  one-half  (or  one-third,  or  totally) 
disabled  from  obtaining  his  subsistence  from  manual  labor. 

S.  C,  Surgeon. 

C.  S.,  Surgeon. 

Sworn  to  and  subscribed  before  me,  this day  of ,  A.  D., 

18. .  ;  and  I  hereby  certify,  that  I  know  said  S.  C.  and  C.  S.,  to  be  surgeons 
in  actual  practice,  reputable  m  their  profession  :  and  that  I  have  no  interest, 
direct  or  indirect,  in  the  prosecution  of  this  claim. 

Witness  my  hand  (and  seal),  the  day  and  year  aforesaid. 

C.  D.,  Judge. 

(In  those  districts  where  the  department  has  appointed  an  Examining  Sur- 
geon, the  foregoing  certificate  wall  not  be  received,  but  the  applicant  must  be 
examined  by  such  Examining  Surgeon.) 


If  <> .     X  6 . 

CERTIFICATE    OF    CLERK    OF   COUNTY    (OR,    THE    COURTS),    AS    TO    OFFICER. 

Slate  of ,  County  of ,  ss :    I,  M.  M.,  Clerk  of  said  county, 

and  Clerk  of Court,  within  and  for  said  county,  do  certify  that  M. 

M.   Esq.,  before  whom  tlie  foregoing  athdavit  {or  acknowledgment  was  made, 

was,  at  the  time  of  making  the  same,  and  still  is,  a ,  within  (and 

for)  said  county,  duly  commissioned  and  sworn,  and  that^the  signature,  pur- 
porting to  be  his,  to  said ,  is  his  genuine  signature. 

In  testimony  whereof,  I  hereunto  set  my  hand,  and  affix  the  seal  of  our 

said  court,  at ,  this day  of ,  18 .  . . 

M.  M.,  Chrl:   [i,.  s.l 

56 


I 


CHAPTER  XXXin. 

PLANK  ROADS. 

Any  number  of  persons,  not  less  than  five,  may  be  formed  into 
a  corporation,  for  the  purpose  of  constructing  and  owning  a  plank 
road  or  a  turnpike  road,  by  complying  with  the  following  re- 
quirements :  Notice  shall  be  given  in  at  least  one  newspaper," 
printed  in  each  county  through  which  said  road  is  intended  to  be 
constructed,  of  the  time  and  place  or  places  where  books  for  sub- 
scribing to  the  stock  of  such  road  will  be  opened ;  and  when 
stock  to  the  amount  of  at  least  five  hundred  dollars  for  every 
mile  of  the  road  so  intended  to  be  built,  shall  be  in  good  faith 
subscribed,  then  the  said  subscribers  may,  upon  due  and  proper 
notice,  elect  directors  for  said  company ;  and  thereupon,  they 
shall  severally  subscribe  articles  of  association,  in  which  shall  be 
set  forth  the  name  of  the  company,  the  number  of  years  that  the 
same  is  to  continue,  which  shall  not  exceed  thirty  years  from  the 
date  of  said  articles,  whether  it  is  a  plank  road  or  a  turnpike, 
which  the  company  is  formed  to  construct;  the  amount  of  the 
capital  stock  of  the  company ;  the  number  of  shares  of  which  the 
said  stock  shall  consist ;  the  number  of  directors,  and  their  names, 
who  shall  manage  the  concerns  of  the  company  for  the  first  year, 
and  shall  hold  their  offices  until  others  are  elected ;  the  place 
from  and  to  which  the  proposed  road  is  to  be  constructed ;  and 
each  town,  city  and  village  into  or  through  which  it  is  intended 
to  pass,  and  its  length  as  near  as  may  be.  Each  subscriber  to 
such  articles  of  association,  shall  subscribe  thereto  his  name  and 
place  of  residence,  and  the  number  of  shares  of  stock  taken  by 
him  in  said  company.  The  said  articles  of  association,  may,  on 
compl3ung  with  the  provisions  of  the  next  section,  be  filed  in  the 


PLANK  ROADS.  443 

office  of  the  Secretary  of  the  State,  and  thereupon,  the  persons 
who  have  so  subscribed,  and  all  persons  who  shall  from  time  to 
time  become  stockholders  in  such  company,  shall  be  a  body  cor- 
porate, by  the  name  specified  in  such  articles,  and  shall  possess 
the  powers  and  privileges,  and  be  subject  to  the  provisions  con- 
tained in  titles  three  and  four,  chapter  eighteen,  of  the  first  part 
of  the  Kevised  Statutes. 

The  articles  of  association  are  not  to  be  filed  until  after  five  per 
cent  of  the  stock  has  been  paid  in,  which  fact  shall  be  shown  by 
an  affidavit  of  three  of  the  directors.  Such  company  when  desi- 
rous of  constructing  a  plank  or  turnpike  road  through  any  part 
of  a  county,  must  for  that  purpose  apply  to  the  Board  of  Super- 
visors, stating  in  their  application  the  proposed  route.  Public 
notice  of  such  application,  by  publishing  such  notice  once  in  each 
fveek  for  six  successive  weeks  in  all,  or  at  least  in  three  of  the 
lewspapers  printed  in  such  county.  If  a  special  meeting  of  the 
Board  of  Supervisors  is  desired,  three  members  of  such  Board 
may  call  such  special  meeting. 

All  persons  residing  or  owning  property  in  any  of  the  towns 
through  which  the  road  is  to  pass  may-  appear  and  be  heard 
before  the  Board  of  Supervisors.  If  the  Board  of  Supervisors 
authorize  the  construction  of  the  road,  they  shall  appoint  three 
persons  as  Commissioners  to  lay  out  the  same.  When  the  road 
has  been  located  it  shall  be  accurately  surveyed,  and  the  com- 
pany shall  acquire  title  to  the  same,  by  j^urchase  from  the  owner, 
on  taking'  the  necessary  legal  steps  to  acquire  such  title. 

If  for  any  reason  they  are  unable  by  purchase  to  obtain  a  good 
title  to  the  land  they  wish  to  acquire,  they  may  obtain  title  by 
jury,  presenting  a  petition,  verified  by  the  oaths  of  at  least  two 
of  the  directors,  to  the  County  Judge  of  the  county,  where  the 
lands  are  located,  setting  forth  all  the  facts  in  the  case.  And  the 
Judge  shall  appoint  a  time  (fourteen  days'  notice  of  which  shall 
be  given  to  all  the  owners  of  the  land  to  be  taken)  for  drawing 
from  the  grand  jury  box  twenty -four  competent  and  disinterested 
persons  to  form  a  jury  to  assess  the  value  of  the  land.  If  any  of 
the  owners  are  married  women,  infants,  idiots,  insane  or  non-resi- 
dent, the  Judge  shall  appoint  some  competent  person  to  take  care 
of  their  interests  in  the  matter.  From  those  persons  so  drawn  a 
Bufficient  number  shall  be  summoned,  on  a  notice  of  at  least  four 


444  THE  CLERK'S  ASSISTANT. 

days,  to  form  a  j  ury  to  ascertain  the  compensation  and  damages. 
The  County  Judge  must  attend  the  hearing,  to  administer  oaths* 
take  minutes  of  the  testimony,  and  admissions  of  the  parties,  and 
advise  the  jury  as  to  the  law  applicable  to  the  case,  and  to  return 
the  verdicts  to  the  County  Clerk's  oflSce. 

Any  party  interested  in  any  such  verdict  may,  within  twenty 
days  after  notice  of  the  rendition  thereof,  apply  to  the  Supreme 
Court  for  a  new  trial.  If  a  new  trial  is  granted  the  jury  is  to  be 
drawn,  and  the  proceedings  are  to  be  taken  in  the  same  manner 
as  before.  Within  forty  days  after  the  rendition  of  any  such 
verdict,  if  a  new  trial  shall  not  be  applied  for,  the  company  shall 
pay  or  tender  to  the  owner  the  amount  of  the  verdict,  and  may 
then  enter  upon  and  take  possession  of  the  land  for  road  pur- 
poses. K  the  person  entitled  to  receive  compensation  cannot  be 
found,  then  on  proof  of  such  facts,  the  County  Judge  may  order 
such  sum  to  be  deposited  with  the  County  Treasurer. 

In  each  county  of  this  State,  in  which  there  shall  be  any  plank 
road,  or  turnpike  road,  constructed  by  virtue  of  this  act,  there 
shall  be  three  inspectors  of  such  roads,  who  shall  not  be  inte- 
rested in  any  plank  or  turnpike  road  in  such  county.  They  shall 
be  appointed  by  the  Board  of  Supervisors  of  the  county,  and  shall 
hold  their  offices  during  the  pleasure  of  said  board. 

Whenever  any  company  shall  have  completed  five  miles  of 
road ;  any  two  of  the  inspectors  may  inspect  the  road,  and  if  they 
certify  that  such  road  is  constructed  in  accordance  with  the  true 
intent  and  meaning  of  the  act ;  on  filing  such  certificate  in  the 
office  of  the  County  Clerk,  the  company  may  erect  a  toll  gate  and 
receive  toll. 

The  following  persons  are  exempt  from  paying  toll  as  herein 
designated : 

1.  Persons  going  to  or  from  religious  meetings,  held  at  the 
place  where  such  persons  usuall}^  attend  for  religious  worship,  in 
the  town  where  they  reside,  or  an  adjoining  town,  or  within  eight 
miles  of  their  residence. 

2.  Persons  going  to  or  from  any  funeral,  and  a-11  funeral  pro- 
cessions. 

3.  Troops  in  the  actual  service  of  this  State,  or  of  the  United 
States,  and  persons  going  to  or  from  a  militia  training,  which  by 
law  they  are  required  to  attend. 


PLANK  ROADS.  445 

4.  Persons  going  to  any  town  meeting  or  general  election  at 
whicli  they  are  entitled  to  vote,  for  the  purpose  of  voting  or  re' 
turning  therefrom. 

5.  Persons  living  within  one  mile  of  any  gate  by  the  most 
usually  traveled  road,  shall  be  permitted  to  pass  the  same  at  one 

?  half  the  usual  rates  of  toll,  when  not  engaged  in  the  transporta- 

^  tion  of  other  persons,  or  the  property  of  other  persons. 

6.  Farmers  living  on  their  farms  within  one  mile  of  any  gate 
by  the  most  usually  traveled  road,  shall  be  permitted  to  pass  the 
same  free  of  toll,  when  going  to  or  from  their  work  on  said  farms. 

Any  person  falsely  representing  him  or  herself  to  any  toll 
gatherer  as  being  entitled  to  any  of  the  foregoing  exemptions 
shall  forfeit  to  the  company  $10  which  may  be  recovered  by  suit 
in  a  Justices'  Court. 

The  affairs  of  the  company  are  to  be  conducted  by  a  board  of 
directors  consisting  of  not  less  than  five  nor  more  than  nine. 
They  shall  be  elected  by  ballot,  each  stockholder  is  entitled  to  as 
many  votes  as  he  owns  shares  of  stock ;  and  the  persons  having 
the  greatest  number  of  votes  shall  be  directors.  And  they  are 
to  report  annually  to  the  Secretary  of  State. 

The  stockholders  are  liable  in  their  individual  capacity  for  the 
payments  of  the  debts  of  such  company,  for  an  amount  equal  to. 
the  amount  of  the  stock  they  have  severally  subscribed  or  held 
in  said  company,  to  be  recovered  of  the  stockholder  who  is  such 
when  the  debt  is  contracted. 


FORMS. 


No.   X, 

NOTICE   THAT   THE   BOOKS   ARE   OPEN   FOR   SUBSCRIPTION. 

Take  notice,  that  books  for  subscribing  to  the  capital  stock  for  the  Agawam 
Plank  Road  (or  turnpike),  to  be  constructed  from  the  corner  of  Lark  and  Lydius 
streets,  in  the  city  of  Albany,  to  Bernville,  in  the  county  of  Albany,  on  as 
direct  a  line  as  practicable,  will  be  opened  at  the  town  house  in  the  town  of 
Bern,  on  the  1st  day  of  March,  1860,  at  9  o'clock,  a.  m.,  and  continue  open  till 
3  p.  M.,  on  that  and  each  succeeding  day  for  ten  days. 

L.    Jy. 

M.  M. 
Dated  February  6,  1860. 

Wo.    3. 

BOOK   OF   SUBSCRIPTIONS. 

For  the  purpose  of  forming  a  corporation  under  the  Plank  Road  act,  passed 
May  7,  1847,  and  the  several  acts  amendatory  thereof,  with  a  capital  of 
$ divided  into  . .  .shares  of  $100  each,  we,  the  subscribers,  seve- 
rally mutually  agree  to  take  and  pay  for  the  shares  of  stock  by  us  set  oppo- 
site our  names,  to  the  directors  of  the  company  hereafter  to  be  formed,  in 
accordance  with  the  provisions  of  said  acts,  in  such  sums  and  at  such  times 
and  places  as  such  directors  may  order  for  the  purpose  of  constructing  a  plank- 
road  from  the  corner  of  Lark  and  Lydius  streets,  in  the  city  of  Albany,  to 
Bernville,  in  the  county  of  Albany. 


RESIDENCE. 


NUMBER    OB-    SHARES. 


No.    3. 

NOTICE   OF   THE   ELECTION   OF   THE    FIRST   DIRECTORS. 

Notice  is  hereby  given,  that  the  subscribers  to  the  stock  of  the  Agawam 
Plank  Road  will  meet  at  Bernville  on  the  2d  day  of  April,  1860,  at  10  a.  m.,  to 
elect  directors  of  said  company. 

L.  L. 
M.  M. 
Bern,  March  20,  1860. 


PLANK  ROADS.  447 


ARTICLES   OF   ASSOCIATION. 

Articles  of  association  entered  into  tliis  2d  day  of  April,  1860,  by  and  be- 
tween the  undersigned  subscribers,  witnesseth : 

Art.  1.  Tliat  tlie  undersigned  hereby  form  themselves  into  a  corporation  for 
the  purpose  of  constructing,  owning  and  keeping  in  repair  a  plank  road,  from 
the  corner  of  Lark  and  Lydius  streets,  in  the  city  of  Albany,  to  Bernville, 
wholly  within  the  county  of  Albany,  to  be  called  and  known  as  the  Agawam 
Plank  Road  Company,  and  is  to  continue  for  the  period  of  thirty  years  from  the 
date  hereof 

Art.  2.  The  amount  of  capital  stock  of  said  company  shall  be  $ , 

and  shall  consist  of. . .  .shares,  of  $100  each. 

Art.  3.  The  affairs  of  the  said  company  shall  be  managed  by  a  board  of 
seven  directors ;  the  first  directors,  until  others  are  legally  chosen,  shall  be,  A, 
B.,  C.  D.,  E.  R,  a.  H.,  I.  J.,  K.  L.  and  M.  N. 

Art.  4.  The  said  road  is  to  be  constructed  from  the  corner  of  Lark  and 
Lydius  streets,  in  the  city  of  Albany,  to  Bernville,  in  said  county,  in  as 
straight  a  Hue  as  is  practicable,  as  near  as  can  be,  24  miles  in  length. 

Art.  5.  The  bona  fide  stockholders  owning  a  majority  of  the  capital  stock  of 
said  association,  may,  at  any  legally  notified  meeting  of  the  members  thereofj 
pass,  alter  or  amend  such  by-laws  as  are  necessary  for  the  regulation  and 
management  of  the  concerns  of  the  corporation. 

Art.  6.  The  directors  shall  issue  scrip  to  those  entitled  to  stock  in  said  com- 
pany, when  5  per  cent  on  the  amount  of  such  stock  shall  have  been  paid 
in  thereon  ;  the  scrip  to  be  signed  by  the  President,  and  countersigned  by  the 
Secretary ;  and  they  shall  indorse  upon  the  scrip  held  by  any  stockholder, 
every  sum  received  by  such  Treasurer  thereon,  and  the  time  when  so  received. 

Dated  Bern,  April  2,  1860 


NAMES    OF   SUBSCRIBERS. 

PLACE    OF    RESIDENCE. 

NUMBER   OF   SHARES. 

A.  B. 

Bern,  Albany  county. 

5  shares. 

ISO.    5. 

SCRIP   CERTIFICATE. 

The  Agawam  Plank  Road  Company,  No.  10. 

This  certifies,  that  A.  B.,  of  the  town  of  Bern,  county  of  Albany,  State  of 
New  York,  is  entitled  to  five  shares  of  the  capital  stock  of  the  Agawam  Plank 
Road  Company,  such  share  being  §100,  upon  each  of  which  shares  there  has 
been  paid  the  sum  of  10  per  cent,  subject  to  such  future  payment  as  may  be 
required  from  time  to  time  by  the  directors  in  accordance  with  the  conditions 
of  the  articles  of  incorporation ;  the  stock  is  transferable  on  the  books  of  the 
corporation  only,  and  by  the  stockholder  in  person,  or  his  attorney,  and  on 
surrender  of  this  certificate. 

In  witness  whereof,  the  President  and  Secretary  have  set  their  hands  here- 
unto at  Albany,  April  20,  1860. 

i    A.,  President. 

M.  X.,  Secretary. 


448  THE  CLERK'S  ASSISTANT 

IVo.    6  . 

AFFIDAVIT    OF    DIRECTORS    AS   TO    SUBSCRIPTION. 

Albany  Couniy,  ss.  A.  B.,  C.  D.,  and  E.  F.,  being  duly  sworn,  do  sever- 
ally say  that  they  are  the  directors  of  the  Agawam  Plank  Road  Company, 
and  that  the  amount  of  capital  stock  lequired  by  the  first  section  of  the 
"  Plank  Road  Act,"  passed  May  7,  1847,  being  at  least  $500  for  every  mile  of 
the  road  intended  to  be  built  by  said  company,  has  been  subscribed  in  good 
faith,  and  that  at  least  5  per  cent  on  such  amount  h^s  been  paid  in  cash  to  the 
directors  of  said  company  for  the  purposes  specified  in  said  act. 

Severally  subscribed  and  svs^orn,  &c.  A.  B. 

C.  D. 
E.  F. 


JVo.     t. 

APPLICATION    TO    SUPERVISORS   TO    LAY    OUT  ROAD. 

To  the  Hon.  the  Supervisors  of  Albany  County: 

The  directors  of  the  Agawam  Plank  Road  Company  apply  to  the  Board  ol 
Supervisors  of  Albany  county,  for  authority  to  lay  out  and  construct  a  plank 
road  from  the  corner  of  Lydius  and  Lark  streets  in  the  city  of  Albany,  to 
Bernville,  in  a  direct  line  as  near  as  may  be,  a  distance  of  about  twenty-four 
miles,  having  a  single  track  of  about  eight  feet  in  width,  and  to  take  the  real 
estate  necessary  for  such  purpose;  and  that  three  {or  one  or  two)  Commis- 
sioners may  be  appointed  to  lay  out  said  road. 

A.  B.,  President 

C.  D.,  Secretary. 

Dated  April  5th,  1860.  

NOTICE    OF    APPLICATION    TO    BE   PUBLISHED. 

Take  notice  that  on  the  28th  day  of  May,  1860,  at  10  o'clock,  a.  m.,  an 
application,  of  which  the  following  is  a  copy,  will  be  presented  to  the  Board 
of  Supervisors  at  their  room  in  the  City  Hall  in  the  city  of  Albany. 

A.  B.,  President  of  A.  P.  R.   Co. 
April  5,  1860. 

ISO.    0. 

NOTICE    BY  THREE    SUPERVISORS    OF    SPECIAL    MEETING    OF    THE   BOARD. 

There  will  be  a  meeting  of  the  Board  of  Supervisors  of  the  county  of 
Albany,  at  their  room  in  the  City  Hall  in  the  city  of  Albany,  on  the  28th 
day  of  May,  1860,  at  10  o'clock  in  the  forenoon,  to  hear  an  application  of  the 
Agawam  Plank  Road  Company,  for  authority,  to  lay  out  and  construct  a  plank 
road  from  the  corner  of  Lark  and  Lydius  streets  in  the  city  of  Albany,  to 
Bernville  in  said  county,  and  to  take  such  action  as  the  Board  of  Supervisors 
may  deem  advisable  in  regard  thereto. 

Witness  the  hands  of  the  subscribers,  tliree  of  the  Supervisors  of  the  county 
of  Albany,  April  5,  1800. 

A.  B., 
C.  D., 
E.  F., 
Supervisors. 


PLANK  ROADS.  449 

No.    XO. 

PROOF  OF  SERVICE  OF  NOTICE  OF  CALL  OF  A  MEETING  OF  THE  SUPERVISORS. 

Albany  County,  ss.  B.  B.,  being  dul}^  sworn  says,  that  on  the  6th  day  of 
April,  18G0,  at  the  town  of  Knox,  he  served  the  within  notice  upon  G.  H., 
supervisor  of  the  town  of  Knox,  by  dehvering  a  copy  of  the  same  to  tlie  said 
B.  B.,  personally  {or  by  leaving  the  same  at  the  residence  of  the  said  Gr.  H., 
he  at  the  time  of  such  service  being  absent  from  home). 

B.  B. 

Sworn,  &c. 


«^o.   11. 

OATH    OF    THE    COMMISSIONER. 

County  of  Albany,  ss.  I  do  solemnly  swear  {or  afBrm)  that  I  will  support 
the  Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of 
New  York ;  and  1  will  faitlifully  discharge  the  duties  of  a  commissioner  to 
lay  out  a  plank  road  for  the  Agawam  Plank  Road  Company,  from  the  corner 
of  Lark  and  Lydius  streets  in  the  city  of  Albany  to  Bernville  in  said  county, 
to  the  best  of  my  ability. 

L.  C. 

Sworn,  &c. 


T^o,    13. 

PETITION    TO    COUNTY   JUDGE. 


To  the  Hon.  Gr.  "W.,  Albany  County  Judge  : 

The  petition  of  the  Agawam  Plank  Road  Company  respectfully  showeth, 
that  the  route  surveyed  and  established  by  the  commissioners  appointed  to 
lay  out  said  road,  runs  in  pai't  through  the  lands  of  M.  M.  in  the  town  of  New 
Scotland,  that  the  said  company  cannot  agree  with  the  said  M.  M.,  for  the 
purchase  of  said  lands  (or  that  he  is  insane  and  has  no  committee  appointed 
of  his  estate  Or  is  an  idiot,  or  an  infant  or  she  is  a  married  woman)  which 
lands  desired  to  be  taken  are  bounded  and  described  as  follows :  (insert  descrip- 
tion.) Your  petitioners  therefore  pray  that  a  jury  may  be  drawn  and  sum- 
moned to  ascertain  the  compensation  and  damages  of  the  owner  {or  owners) 
of  the  lands  above  described. 

C.  D.,  Secretary.  A.  B.,  President 

May  28,  1860. 


AFFIDAVIT    ANNEXED    TO    THE    PETITION. 

Albany  County,  ss.  A.  B.  and  C.  D.,  being  duly  sworn  severally  say,  they 
are  Directors  of  the  Agawam  Plank  Road  Company,  and  have  read  the  fore- 
going petition,  and  know  the  contents  thereof  and  the  facts  therein  stated  are 
true. 

Severally  subscribed.  &c. 

•^  A.  B. 

C.  D. 
51 


450  THE  CJ.ERK'S  ASSISTANT. 

No.     14. 

PROOF   THAT    THE    NAME    OR    RESIDENCE    OF    OWNER   IS    UNKNOWN. 

Albany  County,  ss.  J.  H.  of  the  town  of  New  Scotland  being  sworn  says, 
that  he  has  read  the  foregoing  (or  within)  petition  and  knows  the  land  therein 
described  and  that  he  owns  and  lives  on  the  farm  next  adjoining  said  lands, 
that  M.  il.  the  owner  of  the  said  land  has  departed  said  town  and  gone  to 
California,  or  to  some  place  unbeknown  to  this  deponent,  nor  does  this  depo 
nent  know  where  the  said  M.  M.  et  present  resides,  nor  can  he  ascertain 
although  he  has  made  diligent  inquiry  for  the  said  M.  M. 

J.  H. 

Sworn,  &C. 


isro.   15. 

ORDER  FOR  A  JURY  TO  BE  DRAWN. 

At  Chambers,  May  29,  i860. 


In  the  matter  of  the  Aga- 
wam  Plank  Road. 


On  readmg  and  filing  the  petition  and  accompanying  papers  of  the  Agawam 
Plank  Road  Company  it  is  : 

Ordered  that  a  jury  be  drawn  in  accordance  with  the  provisions  of  the 

statute,  at  the  Albany  County  Clerk's  office,  on  the day  of ,  1860,  at  2 

o'clock,  p.  M.,  to  ascertain  the  amount  of  damages  and  recompense  to  M.  M., 
owner  of  land  through  which  the  said  company  intend  to  construct  their  plank 
road. 

Witness  my  hand, 

0.  W.,  Albany  County  Judge. 


3N"o.    xe. 

NOTICE  ON  THE  FOREGOING  ORDER. 


Take  notice,  that  in  pursuance  of  an  order,  of  which  the  foregoing  is  a  copy, 
a  jury  will  be  drawn  in  accordance  with  the  provisions  of  the  statute,  at  the 
time  and  place  set  forth  in  said  order. 

C.  D.,  Sec.  of  A.  P.  R.  Co. 


ISO.     IT. 

ORDER   APPOINTING    GUARDIAN. 


In  the  matter  of  the  Agawam 
Plank  Road,  to  acquire  title 
to  real  estate. 


It  appearing  to  me,  M.  M.,  who  is  the  owner  of  certain  real  estate  to  whicli 
said  company  desire  to  acquire  title  for  purpose  of  constructing  their  road  is  an 
infant  {or  a  married  woman,  or  an  idiot,  or  insane,  that  no  committee  has  been 
appointed  of  his  person  or  estate),  I  do  hereby  appoint  L.  L.,  as  guardian  to 
take  care  of  the  interest  of  the  said  M.  M.,  in  the  proceedings  to  ascertain  his 
tompensation  and  damages. 

Dated  June  3d,  1860.  Albany  County  Judge 


PLANK  ROADS.  451 

JSo.    18. 

PRECEPT   TO   SUMMON   A   JURY. 

To  the  Sheriif  of  the  County  of  Albany : 

You  are  hereby  commanded  to  summon  N.  N.,  &c.,  to  appear  at  the  City 
Hall  in  the  City  of  Albany  on  the  10th  day  of  June,  18G0,  at  10  o'clock  a. 
M.,  to  form  a  jury  for  the  purpose  of  determining  and  awarding  the  compen- 
sation and  damages  which  are  to  be  paid  by  the  Agawam  Plank  Road  Com- 
pany to  M.  M.,  for  the  land  to  be  taken  by  said  company  for  their  road. 
Witness  my  hand  and  seal  this  20th  day  of  May,  1860. 

G.  W.,         [L.  s.] 
Albany  County  Judge 


ISO.    Xl>. 

SUBPCENA   FOB   WITNESSES. 

Albany  County,  ss.  To  L.  R.,  J.  Gr.  and  M.  0.,  Greeting:  You  are  hereby 
commanded  to  be  and  appear  at  the  City  Hall  in  the  City  of  Albany  on  the 
10th  day  of  June,  1860,  at  10  o'clock  in  the  forenoon  of  that  day,  to  testify 
and  give  evidence  (before  a  jury  then  and  there  to  be  impanneledj  in  respect 
to  the  damages  which  may  accrue  to  M.  M.  in  consequence  of  a  plank  road 
being  constructed  on  or  through  the  lands  of  the  said  M.  M.  by  the  Agawaro 
Plank  Road  Company.     And  hereof,  fail  not  at  your  peril. 

Given  under  my  hand  on  the  20th  day  of  May,  1860. 

G.  W.,  Justice  of  the  Peace, 
(or  Albany  County  Judge.) 


No.    30. 

ORDER   FIXING   THE   TIME   AND   PLACE   OF   MEETING   OF   THE   JURY. 


In  the  matter  of  the  application  of  the 
Agawam  '  Plank  Road  Company  to 
acquire  title  to  real  estate. 


It  is  hereby  ordered  that  the  jury  appointed  to  ascertain  and  assess  the 
damages  and  compensation  to  be  awarded  to  the  owners  of  the  lands  intended 
to  be  taken  by  the  Agawam  Plank  Road  Company  for  the  construction  of 
their  road,  meet  at  the  City  Hall  in  the  City  of  Albany  on  the  10th  day  of 
June,  18G0,  at  10  o'clock  in  the  forenoon. 

G.  W., 

Dated  May  20th,  1860.  Albany  County  Judge. 


Ifo.    SI. 

NOTICE   TO   OWNERS   OF   MEETING   OF   THE   JURY,    INDORSED   ON   COPY   ORDER. 

Take  notice  of  an  order  made  by  the  Albany  County  Judge  in  the  mattei 
of  the  Agawam  Plank  Road  Company,  of  which  the  within  is  a  copy. 

A.  B., 

May  20th,  1860.  President  of  the  A.  P.  R.  Company. 

To  M.  M.,  Esq. 


452 


THE  CLERK'S  ASSISTANT. 


IS^o.    33. 


VERDICT    OF   A   JURY. 


The  undersigned  having  been  drawn,  summoned,  impanneled  and  swoni  a3 
jurors  to  ascertain  and  determine  the  compensation  and  damages  that  ought 
to  be  paid  to  the  owner  for  the  land  to  be  taken  by  the  Agawam  Plank  Road 
Company  for  such  road,  and  also  the  amount  that  ought  to  be  paid  to  them 
for  the  time  spent,  and  necessary  expenses  incurred  by  them  in  respect  to  the 
proceedings,  to  ascertain  and  determine  such  compensation  and  damages,  and 
having  met  at  the  time  and  place  specified  in  the  order  of  the  County  Judge 
affixing  the  time  and  place  of  meeting,  and  having  heard  all  the  proofs  and 
allegations  of  the  parties,  and  viewed  the  lands  in  question,  and  having  a<;cer- 
tained  and  determined  the  amount  of  such  compensation  and  damages,  we 
therefore,  hereby  certify,  that  the  said  Agawam  Plank  Road  Company  ought 
to  pay  to  M.  M.  for  his  land  so  taken  the  sum  of  $100,  "vVhich  land  so  taken 
is  described  as  follows  (give  description  of  the  land  taken),  and  the  said  com- 
pany ought  to  pay  the  said  M.  M.,  for  his  time  spent  and  the  necessary  expen- 
ses incurred  by  him  in  respect  to  the  proceedings  the  sum  of  $15,  and  the  said 
company  ought  to  pay  L.  P.,  &;c.  (as  above  in  regard  to  all  persons  entitled  to 
3ompensation). 

R.  R., 

J.  a,  &c., 

Dated  June  10th,  1860.  Jurors. 


3Vo.    33. 

AGREEMENT    WITH    THE    SUPERVISOR    AND    COMMISSIONER. 

Whereas  it  has  been  determined  that  the  Agawam  Plank  Road  shall  take 
and  use  one  mile  of  the  highway  in  the  town  of  New  Scotland,  being  the 
road  (insert  description),  for  plank  road  purposes,  it  is  hereby  agreed  by  and 
between  the  Supervisor  and  Commissioner  of  Highways  of  said  town  of  New 
Scotland,  and  the  Agawam  Plank  Road  Company  that  the  said  company  shall 
pay  to  the  said  Commissioner  for  the  said  town  the  sum  of  $ as  the  com- 
pensation and  damages  for  taking  and  using  the  said  public  highway  for  a 
plank  road  for  said  company. 

M.  M.,  SiiiJervisor. 

N.  N.,    Commissioner. 

A.  B.,  President  of  Agawam  Planh  Road  Co. 


No.    34t. 

DEED    OR    RELEASE    OF    OWNER    TO    THE    COMPANY    OF     LAND     FOR     THE     USE     OF     A 

PLANK    ROAD. 

This  indenture,  made  this  3d  day  of  July,  I860,  between  H.  H.,  of  the  town 
of  New  Scotland,  of  the  first  part,  and  the  Agawam  Plank  Road  Company 
of  the  second  part,  witnesseth  that  the  said  H.  H.,  hereby  sells,  releases,  and 
quit  claims  to  the  said  Agawam  Plank  Road  Company,  the  foUowmg  described 
land  (insert  description),  tor  the  uses  and  purposes  of  constructing  thereon  a 
plank  road,  and  for  no  other  purpose  whatever. 

Witness  my  hand  and  seal  the  day  and  year  first  above  written. 


{Add  acknowledgment.) 


H.  H.  [l.  s.] 


PLANK  ROADS.  453 

Wo.   as. 

NOTrCE    OF    ELECTION    OF    DIRECTORS. 

The  Agawam  Plank  Road  Company  : 

Take  notice,  tliat  an  election  of  seven  directors  of  the  above  company,  will 
be  held  at  the  office  of  said  company  (being  the  office  of  N.  0.,  in  the  tovsm 
of  Bern),  on  the  2d  day  of  July,  1860,  at  12  o'clock  noon. 

C.  D.,  Secretary. 
June  2,  1860,  

ISO.    30. 

NOTICE   TO   PAY   STOCK. 

The  stockholders  of  the  Agawam  Plank  Road  Company,  are  required  to 
pay  to  the  treasurer  of  said  company  at  their  office,  on  or  before  the  3d  day 
of  July,  18C0,  20  per  cent  of  the  amount  severally  subscribed  by  them,  under 
penalty  of  forfeiture  of  the  stock  and  all  previous  payments  thereon. 

By  order  of  the  Directors, 

C    D.,  Secretary. 
June  1,  1860.  

JVo.  s-y. 

ANNUAL   REPORT   OF   DIRECTORS. 

To  the  Hon.  the  Secretary  of  the  State  of  New  York: 

The  directors  of  the  Agawam  Plank  Road  Company,  make  the  following 
report  in  accordance  with  the  provision  of  the  statute  in  such  case  made  and 
provided : 

That  the  cost  of  the  road  of  said  company  is $ . . . . 

That  the  amount  of  all  money  expended,  is • 

That  the  amount  of  capital  stock  of  said  company,  is 

That  the  amount  of  capital  stock  of  said  company  paid  in,  is 

Tiiat  the  amount  of  money  actually  expended,  is 

That  the  whole  amount  of  tolls  or  earnings  expended,  is 

That  the  amount  received  during  the  year  for  tolls,  is 

That  the  amount  received  during  the  year  from  all  other  purposes, 

to  wit :  (describe  what)  is 

That  the  amount  of  dividends  made  for  the  year  by  the  com- 
pany, is 

That  the  amount  set  apart  for  a  reparation  fund,  is 

That  the  amount  of  indebtedness  of  said  company,  which  indebt- 
edness was  incurred  for  the  following  purposes  (state  them  in 
detail),  is ■ 

A.  B., 
Dated  Albany,  July  3,  1860.  *  C.  D., 

Directors. 

ISo.    38. 

AFFIDAVIT  ATTACHED  TO  THE  REPORT, 

State  of  New  York,  County  of  Albany,  ss.  A.  B.  and  C.  D.,  being  sworn, 
do  severally  say  that  they  are  directors  of  the  Agawam  Plank  Road  Company, 
that  they  have  read  the  foregoing  report  signed  by  them  and  that  the  facta 
therein  stated  are  true. 

Severally  subscribed  and  sworn,  &c.  A.  B. 

C.  D 


CHAPTER  XXXIV. 

POOR    LAWS. 

The  statute  provides  that  the  father,  mother  and  children  wno 
are  of  sufficient  ability,  of  any  poor  person  who  is  blind,  old, 
lame,  impotent,  or  decrepit,  so  as  to  be  unable  by  work  to  maintain 
himself,  shall,  at  their  own  charge,  relieve  and  maintain  such 
poor  person  in  such  manner  as  shall  be  approved  by  the  Over- 
seer of  the  Poor  of  the  town  where  such  poor  person  may  be. 

If  such  relatives  fail  to  relieve  such  person,  then  it  becomes 
the  duty  of  the  Overseer  of  the  Poor  of  the  town  to  apply  to 
the  Court  of  Sessions  for  an  order  to  compel  such  relief.  And 
the  court,  after  hearing  and  examining  into  the  matter,  may 
direct  the  relative  or  relatives,  who  shall  perform  that  duty,  in  the 
following  order:  The  father  shall  be  first  required  to  maintain 
such  poor  person ;  if  there  be  none  of  sufficient  ability,  then  the 
children  of  such  poor  person ;  and  if  no  children  of  sufficient 
ability,  then  the  mother. 

If  it  shall  appear  that  any  of  the  persons  so  required  are  able 
to  maintain  in  part,  but  not  wholly  maintain,  the  court  shall  di- 
rect what  proportion  or  how  much  each  shall  sustain.  If  any 
person  so  ordered  to  maintain,  in  whole  or  in  part,  such  poor 
relative,  neglect  so  to  do,  then  such  order  may  be  enforced  by  a 
suit,  and  the  property  of  the  person  so  ordered  to  contribute  to 
the  support  of  a  poor  relative,  may  be  taken  and  sold  to  enforce 
compliance  with  the  order. 

Where  there  are  no  relatives  able  to  contribute  to  such  main- 
tenance, then  every  poor  person  who  is  blind, -lame,  old,  sick, 
impotent  or  decrepit,  or  in  any  other  way  disabled  or  enfeebled, 
so  as  to  be  unable  by  his  work  to  maintain  himself,  shall  be 
maintained  by  the  county  or  town  in  which  he  may  be. 


POOR  LAWS.  455 

In  most  ot  the  counties  of  this  State,  Superintendents  of  the 
Poor  are  elected  by  the  people.  In  some,  one  Superintendent, 
and  in  others  three  are  elected.  Where  there  is  but  one  Super- 
intendent, he  is  elected  for  three  years ;  where  there  are  three 
Superintendents,  one  is  elected  each  year,  to  hold  his  office  for 
three  years. 

It  is  the  duty  of  the  Superintendents,  under  the  direction  of 
the  Board  of  Supervisors,  to  procure  (where  houses  have  not 
been  erected  for  that  purpose)  tenements  for  maintaining  the  poor ; 
to  establish  rules  for  the  government  of  the  same ;  to  employ 
suitable  persons  as  keepers,  officers  and  servants ;  to  purchase 
furniture  and  implements  that  may  be  necessary,  from  time  to 
time ;  to  decide  as  to  the  settlement  of  any  poor  person ;  to  di- 
rect the  Overseers  of  the  Poor  as  to  commencement  of  suits  for 
enforcing  the  poor  laws;  to  draw,  from  time  to  time,  on  the 
County  Treasurer  for  all  necessary  expenses  incurred  in  the  dis- 
charge of  their  duties ;  to  render  to  the  Board  of  Supervisors 
of  their  county  an  account  of  their  proceedings,  and  of  all 
moneys  expended  by  them ;  to  pay  over  all  moneys  remaining 
in  their  hands  within  fifteen  days  after  the  expiration  of  their 
office,  to  the  County  Treasurer,  or  to  their  successors.  They  are 
also  to  provide  for  the  education  of  all  county  and  town  paupers 
over  the  age  of  five  and  under  the  age  of  sixteen  years  that  may 
be  in  the  poor  house. 

In  counties,  where  a  place  is  provided  for  the  reception  of  the 
poor,  it  is  the  duty  of  the  Overseers  of  the  Poor  of  the  town  to 
inquire  into  the  circumstances  of  those  applying  for  assistance, 
and  if  such  persons  need  only  temporary  relief,  the  Overseers 
have  discretionary  right  to  expend  not  exceeding  ten  dollars,  for 
the  relief  of  such  person  or  family ;  but  if  the  applicant  re- 
quires permanent  relief,  and  can  be  safely  removed,  they  must, 
by  a  written  order,  canse  such  applicant  to  be  taken  to  the  poor 
house,  or  other  place  provided  for  the  maintenance  of  the  poor. 
In  counties  where  the  towns  support  their  own  poor,  the  order 
should  designate  whether  the  pauper  is  chargeable  to  the  county 
or  not. 

The  Superintendents  of  the  Poor  in  each  county  are  to  make 
an  annual  report  to  the  Board  of  Supervisors  with  an  estimate  of 
the  amount  of  monej^s  to  be  raised  for  the  support  of  the  poor, 


456  THE  CLERK'S  ASSISTANT. 

and  tl:i'  Supervisors  are  to  cause  tbe  necessary  sum  to  be  raised 
in  the  same  manner  that  other  contingent  expenses  of  the  count;) 
are  raised. 

The  following  persons  are  deemed  vagrants,  to  wit-:  All  idle 
persons  who,  not  having  visible  means  to  maintain  themselves, 
live  without  employment;  all  persons  wandering  abroad  and 
lodging  in  taverns,  groceries,  beer  houses,  out  houses,  market 
places,  sheds  or  barns,  or  in  the  open  air,  and  not  giving  a  good 
account  of  themselves ;  all  persons  abroad  and  begging,  or  who 
go  about  from  door  to  door  or  place  themselves  in  the  streets, 
highways,  passages  or  other  public  places  to  beg  or  receive  alms. 
And  it  is  the  duty  of  every  Constable  or  Peace  Officer  when- 
ever required  by  any  person,  to  arrest  such  vagrants  and  take 
them  before  a  magistrate,  and  such  vagrant  may  be  sent  to  the 
county  poor  house,  or  to  the  alms  house,  for  any  time  not  exceed- 
ing six  months  to  be  kept  at  hard  work,  or  may  be  committed  to 
the  bridewell,  or  house  of  correction,  or  to  the  common  jail. 

Children  found  begging  for  alms  or  soliciting  charity  from 
door  to  door,  may  be  committed  to  the  county  poor  house  or 
alms  house,  there  to  be  detained,  kept,  employed  and  instructed 
in  such  useful  labor  as  such  child  shall  be  able  to  perform,  until 
discharged  therefrom,  or  bound  out  as  an  apprentice  by  the 
Count}^  Superintendents  of  the  Poor,  the  Commissioners  of  the 
alms  house  or  the  Overseers  of  the  Poor. 

A  bastard  is  a  child  born  out  of  lawful  matrimony  :  or  while 
the  husband  of  its  mother  continued  absent  out  of  this  State  for 
one  whole  year  previous  to  such  birth,  separate  from  its  mother, 
and  leaving  her  during  that  time,  continuing  and  residing  within 
this  State  :  or  during  the  separation  of  its  mother  from  her  hus- 
band, pursuant  to  a  decree  of  any  court  of  competent  authority. 

The  reputed  father  and  the  mother  of  every  bastard  shall  be 
liable  for  its  support.  K  any  woman  shall  be  delivered  of  a  bas- 
tard child  which  shall  be  charsreable  or  likelv  to  be  chargeable  to 
any  county,  city,  or  town :  or  shall  be  pregnant  of  a  child  likely 
to  be  born  a  bastard,  and  to  become  chargeable  to  any  county, 
city  or  town,  the  Superintendents  of  the  Poor,  or  the  Assessors 
of  the  Poor,  shall  apply  to  some  Justice  of  the  Peace  of  the  same 
county,  and  proceedings  shall  be  taken  to  ascertain  who  is  the 
reputed  fother  of  such  child.     The  proceedings  are  to  be  prose- 


POOR  LAWS.  457 

cuted  before  two  Justices  of  the  Peace,  and  if  thej  determine 
who  is  the  putative  father,  they  shall  make  an  order  of  filiation, 
in  which  they  shall  specify  the  sum  to  be  paid  weekly,  or  other, 
wise  by  such  putative  father,  for  the  support  of  such  bastard,  or 
of  such  child  likely  to  be  born  a  bastard,  and  they  shall  deter- 
mine the  sum  to  be  paid  by  such  putative  father  for  the  suste- 
nance of  the  mother  during  her  confinement  and  her  recovery 
therefrom.  The  person  adjudged  the  reputed  father,  shall  imme- 
diately pay  the  costs  of  the  proceedings,  and  shall  enter  into  a 
bond  to  the  people  of  the  State,  in  such  sum  as  the  Justices  shall 
direct,  with  good  and  sufiicient  securities  to  be  approved  by  them, 
that  he  will  pay  such  sum  for  the  support  of  the  child  and  the 
sustenance  of  its  mother  as  aforesaid,  and  that  he  will  fully  and 
amply  indemnify  the  county,  town  or  city,  from  any  expense 
incurred  or  to  be  incurred  for  the  support  of  such  child,  or  its 
mother,  during  her  confinement  and  recovery  therefrom,  or  that 
such  person  will  appear  at  the  next  Court  of  Sessions  of  the  said 
county,  and  not  depart  the  said  court  without  its  leave.  If  he 
refuse  to  give  the  bond  or  to  pa}-  the  costs,  he  may  be  committed 
to  the  common  jail  of  the  county  until  he  comply  with  the  order 
or  be  discharged  by  the  Court  of  Sessions. 

Superintendents  of  the  Poor  may  compromise  and  make 
arrangements  with  the  putative  fathers,  relative  to  the  support  of 
such  children  as  they  shall  deem  equitable  and  just;  and  the 
putative  father  may  be  discharged  from  the  support  of  such 
children:  in  such  cases  the  mother,  on  giving  security  for  the 
support  of  such  child,  shall  be  entitled  to  receive  the  moneys 
paid  or  secured  by  such  putative  father  as  the  consideration  of 
such  compromise. 


FORMS. 


IVo.   1. 

CONSTITUTIONAL   OATH   OF   SUPERINTENDENT   OF   THE   POOR. 

Albany  County,  ss.  I  do  solemnly  swear  (or  affirm),  that  I  will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  State  of  New 
York,  and  that  I  will  faithfully  discharge' the  duties  of  the  office  *  of  Super- 
intendent of  the  Poor  of  the  said  county  of  Albany,  according  to  the  best  of 
my  ability. 

A.  B. 
Sworn  and  subscribed  before  me,  this  ) 
30th  day  of  November,  1860,         f 

C.  D.,  Judge  of  Albany  County. 


CONSTITUTIONAL    OATH    OF    OVERSEER    OF    THE   POOR. 

{As  in  No.  1  to  the  *  and  then  as  follows  .•) 
Of  Overseer  of  the  Poor  of  the  town  of  Bethlehem  in  the  county  of  Al- 
bany, according  to  the  best  of  my  ability. 

A.  B. 
Sworn,  &c.  

Ifo.    3. 

APPLICATION   TO   COMPEL   A   PERSON   TO    SUPPORT   A   POOR   RELATIVE, 

To  the  Court  of  Sessions  of  the  County  of  Albany : 

The  application  of  the  undersigned.  Overseers  of  the  Poor  of  the  town  of 

,  in   said  county,  respectfully  represents,   that  A.  B.  a  poor  person, 

who  is  blind  (or  old,  lame,  impotent,  or  decrepit),  so  as  to  be  unable  by  work 
to  maintain  himself  (or  herself),  is  in  the  said  town ;  that  C.  D.  who  dwells  in 
the  said  county,  is  the  father  of  the  said  A.  B.  and  has  failed  at  his  own  charge 
to  relieve  and  maintain  the  said  A.  B.  in  such  manner  as  has  been  approved 
by  the  undersigned.  Overseers  of  the  Poor :  Wherefore,  pursuant  to  the  pro- 
visions of  the  Revised  Statutes  of  the  State  of  New  York,  the  undersigned 
hereby  apply  for  an  order  to  compel  the  said  C.  D.  who  is  of  sufficient  ability 
to  relieve  and  maintain  the  said  A.  B.  in  the  manner  to  be  in  such  order 
specified. 

Dated  at  the  town  of ,  this ....  day  of ,  18 . . 

A.  B., 
C.  D., 
Overseers  of  the  Poor 


POOR  LAWS.  459 

Wo.    4. 

NOTICE    OF    APPLICATION    TO    COURT    INDORSED    ON    A    COPY. 

To  C.  D.,  of  the  town  of  Knox,  in  the  county  of  Albany : 

Please  to  take  notice,  that  on  the  30th  day  of  June,  at  10  o'clock  in  the 
forenoon  {or  as  soon  thereafter  as  a  hearing  can  be  had),  at  the  City  Hall  in 
the  city  of  Albany,  in  said  county,  the  undersigned.  Overseers  of  the  Poor  of 
the  town  of  Knox,  will  apply  to  the  Court  of  General  Sessions  of  the  peace 
of  the  said  county,  for  an  order  to  compel  the  relief  applied  for  by  the  appli- 
cation, which  will  at  the  time  and  place  abovementioned  be  presented  to  the 
said  court,  and  of  which  the  annexed  is  a  copy. 

Dated  at  Knox,  this  2d  day  of  June,  1860. 

A.  a., 

C.  D., 

Overseers  of  the  Poor. 


ISO.    5. 

PROOF  OF  SERVICE  OF  THE  FOREGOING. 

Co^mt^J  of  Albany,  ss.  E.  F.,  of  the  town  of  Knox,  in  said  county,  being 
duly  sworn,  says,  that  on  the  3d  day  of  June,  he  served  a  copy  or  duplicate 
of  the  annexed  notice  and  application  personally  (or  by  leaving  the  same  at 
his  last  place  of  dwelling  with  a  person  of  mature  age),  on  the  therein  named 

•=•  °-  R  P. 

Sworn  before  me,  this  4th  ) 
day  of  June,  1860,        ) 

M.  !^L,  Justice  of  the  Peace. 


No.   e. 

WARRANT   TO   SEIZE   THE   GOODS  OF  AN  ABSCONDING  FATHER,  HUSBAND,  OR   MOTHEI^ 

County  of  Albany,  ss.  To  the  Overseers  of  the  Poor  of  the  town  of  Knox, 
in  said  county :  It  appearing  to  us,  two  of  the  Justices  of  the  Peace  of  said 
C0unty,  as  well  by  the  application  and  representation  to  us  made  by  the  said 
overseers,  as  upon  due  proof  of  the  facts  before  us  made,  that  A.  B.,  late  of 
said  town,  has  absconded  from  his  wife  and  children,  leaving  said  wife  and 
children  chargeable  (or  likely  to  become  chargeable)  to  the  public  for  support; 
and  that  said  A.  B.  has  some  estate,  real  or  personal,  in  said  county,  whereby 
the  public  may  be  wholly  or  in  part  indemnified  against  said  charge.  We 
therefore  authorize  you,  the  said  Overseers  of  the  Poor,  to  take  and  seize  the 
goods,  chattels,  effects,  things  in  action,  and  the  lands  and  tenements  of  said 
A.  B.,  wherever  the  same  may  be  found  in  said  county  :  And  you  will  imme- 
diately upon  such  seizure,  make  an  inventory  of  the  property  by  you  taken, 
and  return  the  same,  together  with  your  proceedings,  to  the  next  Court  of 
Sessions  of  said  county. 

Given  under  our  hands,  in  the  town  of  Knox,  this  5th  day  of  June,  1860. 

C.  D., 

E.  R, 

Justicea. 


460  THE  CLERK'S  ASSISTAN^^ 

JSo.    >7. 

REPORT   TO   COUNTY   SESSIONS. 

County  of  Albany,  ss.  To  the  Court  of  Sessions  of  said  county :  The 
undersigned,  to  whom  the  annexed  warrant  is  addressed,  on  the  5th  day  of 
June,  1860,  in  the  county  of  Albany,  therein  mentioned,  seized,  by  virtue  of  the 
said  warrant,  the  property  of  wliich  an  inventory  is  hereunto  annexed,  and 
the  proceedings  of  the  undersigned,  subsequent  to  the  said  seizure,  are  as  fol- 
lows: (Here  state  particularly  those  proceedings.)  AU  which  is  herewith 
respectfully  returned. 

Dated  at  Ejiox,  this  16th  day  of  June,  1860, 


A.  B., 
C.  D., 


Overseers  of  the  Poor. 


No.    8. 

BOND  TO  BE  GIVEN  TO  OVERSEERS  OF  THE  POOR. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.,  both  of  the 
town  of  Knox,  in  the  county  of  Albany,  are  held  and  firmly  bound  unto  G. 
H.  and  J.  K.,  Overseers  of  the  Poor  of  the  town  of  Knox,  in  the  sura  of 
$200,  for  the  payment  whereof  to  the  said  overseers,  or  their  successors  in 
office,  we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.  Sealed  with  our  seals,  and  dated  at  Knox, 
this  IGth  day  of  June,  1860. 

The  condition  of  this  obhgation  is  such,  that  whereas  the  said  Overseers  of 
the  Poor  have  lately  seized  the  property  of  the  said  A.  B.,  under  a  warrant 
issued  by  E.  F.  and  G-.  H.,  two  Justices  of  the  Peace  of  the  county  of  Knox, 
upon  due  proof  to  them  given  that  said  A.  B.  had  absconded  from  his  wife 
and  children,  leaving  them  chargeable  (or  likely  to  become  chargeable)  upon 
the  public  for  support ;  and  the  said  A.  B.  having  returned,  and  being  desirous 
of  having  his  property  so  taken  restored  to  him :  Now  therefore,  if  the  said 
wife  and  children  so  abandoned  shall  not  become  chargeable  either  to  said 
town  or  county,  then  this  obligation  is  to  be  void ;  otherwise  of  force. 

A.  B.  [l.  s.] 


Sealed  and  delivered,  and  the  security  approved  by  and  ) 
before  us,  two  of  the  Justices  of  the  town  of  Knox,     ) 

E.  R, 


C.  D.  fL.  S.J 


G.  H., 

Justices. 


Wo.    O. 

ORDER   TO   DISCHARGE    THE   WARRANT   AND   TO   RESTORE   PROPERTY. 

County  of  Albany,  ss.  To  the  Overseers  of  the  Poor,  of  the  town  of  Knox, 
m  said  county  :  Whereas,  by  a  warrant  to  you  directed,  bearing  date  the  .5th 
day  of  June,  1860,  you  were  authorized  to  seize  the  goods,  chattels,  effects, 
things  in  action,  and  the  lands  and  tenements  of  A.  B.,  upon  proof  that  he 
had  absconded  from  his  wife  and  children,  leaving  them  chargeable  to  the 
public  for  support :  And  whereas  the  said  A.  B.  has  returned,  and  now  sup- 
ports his  wife  and  children  so  abandoned  (or  has  given  security  to  the  Over- 
seers of  the  Poor,  satisfactory  to  us,  that  the  wife  and  children  shall  not 


POOR  LAWS.  461 

become  chargeable  either  to  said  tOAvn  or  county),  we  do  therefore  hereby 
discharge  the  said  warrant  issued  against  the  said  A.  B.,  and  direct  the  pro- 
perty taken  by  virtue  thereof,  to  be  restored  to  him. 
Witness  our  hands  this  17th  day  of  June,  ISGO. 

E.  F., 
G.  H., 
Justices. 


3Vo.     XO. 

•    ORDER    BY   THE    SESSIONS. 

At  a  ( "uuit  of  Sessions  held  in  and  for  the  county  of  Albany,  at  the  City 
Hall  in  the  city  of  Albany,  July  6,  1860. 

Present — Hon.  G.  W.,    County  Judrje, 
M.  P., 
N.  0., 

Jtisticei. 


In  the  matter  of  the  applica-  / 
tion  for  the  support  of  A.  V 
B.,  an  indigent  person  j 

On  reading  and  filing  the  petition  of  the  Overseers  of  the  Poor  of  the  town 
of  Knox,  and  after  hearing  0.  M.  of  counsel  for  C.  D.,  and  after  hearing  the 
proofs  and  allegations  of  both  of  said  parties :  and  it  appearing  to  the  said 
court,  that  A.  B.  is  a  poor  person  residing  in  the  town  of  Knox,  is  blind  {or 
lame  and  decrepit),  so  as  to  be  unable  to  work,  to  maintain  himself,  and  C.  D., 
the  son  of  the  said  A.  B.  is  of  sufficient  ability  to  relieve  and  maintain  the 
said  A.  B.,  but  has  neglected,  and  still  neglects  and  refuses  to  maintain  the 
said  A.  B.,  although  requested  so  to  do  by  the  Overseers  of  said  town  of 
Knox.  It  is  therefore  hereby  ordered  that  the  said  C.  D.  relieve  and  main- 
tain the  said  A.  B.  in  such  manner  as  shall  be  approved  by  the  Overseers  of 
tlie  Poor  of  the  said  town  of  Knox,  and  for  that  purpose  shall  pay  to  the  said 
Overseers  the  sum  of  $3  on  Saturday  of  each  week  until  the  further  order  of 
the  court,  which  said  sum  the  said  court  adjudges  necessary  for  the  support 
of  the  said  A.  B.  And  it  is  further  ordered,  that  the  said  C.  D.  pay  to  the 
said  overseers  the  sum  of  $10,  the  costs  and  expenses  of  this  application. 


ISO.    11. 

NOTICE  FROM  ONE  TOWN  TO  ANOTHER  (iN  A  COUNTY  WHERE  THE  TOWNS  ARE 
LIABLE  TO  SUPPORT  THEIR  OWN  POOR),  REQUIRING  THE  OVERSEERS  OF  THE 
TOWN  IN  WHICH  THE  PAUPER  HAS  A  RESIDENCE,  TO  PROVIDE  FOR  HIS  SUP- 
PORT. 

County  of  Albany^  ss.  To  the  Overseers  of  the  Poor  of  the  town  of  Bern, 
in  said  county  :  You  are  hereby  notified,  that  A.  B.,  a  pauper,  who  has  gained 
a  settlement  in  your  town,  to  which  he  belongs,  is  in  the  town  of  Knox,  in 
said  comity,  and  is  supported  at  tlie  expense  of  the  said  town  of  Knox,  for 
which  the  undersigned  are  Ovei-seers.  You  are  therefore  required  to  provide 
for  the  relief  and  support  of  the  said  jiauper. 

Given  under  our  hands,  at  Knox,  this  1st  day  of  June,  1860. 

A.  B., 
C.  D., 
Overseers  of  the  Poor  of  the  Town  of  Kruxu 


462  THE  CLERK'S  ASSISTANT. 


nvo.  13. 

NOTICE    CONTESTING   ALLEGED    SETTLEMENT. 

County  of ,  ss.     To  tlie  Overseers  of  the  Poor  of  the  town  of  Knox,  in 

said  county :  Please  to  take  notice,  that  the  undersigned,  Overseers  of  the  Poor 
of  the  town  of  Bern,  in  said  county,  will  appear  belore  the  Superintendents  of 
the  Poor  of  the  said  county,  at  the  poor  house  (or  other  place  as  may  be  desig- 
nated), on  the day  of ,  at  10  o'clock  in  the  forenoon,  to  contest  the 

alleged  settlement  of  A.  B.,  a  pauper,  as  set  forth  in  your  notice  of  the 

instant 

Dated  at ,  this day  of ,  18.. 

E.  R, 
G.  H., 
Overseers  of  the  Poor  of  the  Town  of  Bern. 


IV  o,    13. 

SUMMONS    OF    SUPERINTENDENTS    TO    A    WITNESS    TO    APPEAR   AND    TESTIFY. 

County  of ,  SS.     The  People  of  the  State  of  New  York  to  C.  D. :  Tou 

are  hereby  required  personally  to  appear  before  the  undersigned.  Superintend- 
ents of  the  Poor  of  the  said  county,  at  the  poor  house  (or  such  place  as  is 
designated  m  the  notice),  on  the. . .  .day  of . . .  ,  18.  .,  at  10  o'clock  in  the 
forenoon,  to  testify  on  behalf  of  the  Overseers  of  the   Poor  of  the  town  of 

,  in  said  county,  concerning  the  alleged  settlement  of  A.  B.,  a  pauper. 

Dated  at ,  this day  of. .  . .,  18. . 

A  B., 
C.  D., 
E.  R, 
♦  Superintendents  of  the  Poor. 


SUPERINTENDENTS     DECISION    AS    TO    SETTLEMENT   OF  A    PAUPER. 

County  of  Albany,  ss.     The  undersigned,  Superintendents  of  the  Poor  ot 
said  county,  having  convened,  as  required  by  the  Overseers  of  the  Poor  of  the 

town  of in  said  county,  pursuant  to  their  notice,  proceeded  to  hear  and 

determine  a  controversy  which  had  arisen  between  the  said  Overseers  and  the 

Overseers  of  the  town  of ,  in  said  county,  concerning  the  settlement  of 

A.  "^a  pauper;  and  upon  such  hearing  of  the  facts,  the  undersigned  hereby 
deciae  that  the  legal  settlement  of  the  said  A.  B.,  as  such  pauper,  is  {or  is  not) 

in  the  said  town  of And  the  undersigned  hereby  award  to  the  Overseers 

of  the  Poor  of  the  town  of ,  the  prevailing  party,  the  sum  of  $ ,  costs 

of  said  proceeding,  by  them  expended. 

Given  under  our  hands  and  seals,  at. . . .,  this. . .  .day  of. . . .,  18. . 

A.  B., 

C.  D., 

E.  F., 

Superintendents  of  the  Poor. 


rooR  LAWS.  463 


SUPERINTENDENTS  NOTICE  THAT  PAUPEK  WILL  BE  SUPPORTED  AT  THE  EXPENSE  OF 
A  TOWN,  IN  A  COUNTY  WHERE  THE  TOWN  SUPPORT  THEIR  OWN  POOR. 

County  of  Albany,  ss.  To  the  Overseers  of  the  Poor  of  the  town  of  Bern, 
in  said  county:  A.  B.,  a  pauper,  having  been  sent  to  the  poor  house  as  a 
county  pauper,  and  the  undersifmed,  Superintendents  of  the  Poor  of  said 
county,  having  inquired  into  the  f.ict,  and  being  of  opinion  that  the  said  pau- 
per has  a  legal  settlement  in  the  town  of  Bern,  in  said  county,  pursuant  to 
the  provisions  of  the  Revised  Statutes  of  New  York,  you  are  hereby  notified, 
that  the  expenses  of  the  support  of  said  pauper  will  be  charged  to  the  town 
of  Bern,  unless  you,  the  Overseers  of  said  town,  within  (here  insert  such  time, 
not  less  than  twenty  days,  as  the  Superintendent  shall  appoint),  after  the  ser- 
vice of  this  notice,  show  that  the  said  town  of . . . .  ought  not  to  be  so  charged 

Dated  at ,  this day  of  ....  18 . 

A.  B., 
C.  D., 
E.  F., 
Superintendents. 


If  o.    X6. 

DECISION    OF    SUPERINTENDENTS    AFTER    RE-EXA5IINING    SETTLEMENT    OF    PAUPER    ON 
APPLICATION    OF    OVERSEERS. 

County  of ,  ss.     The  undersigned,  Superintendents  of  the  Poor  of  the 

said  county,  having,  on  application  of  the  Overseers  of  the  Poor  of  the  town 
of ,  on  whom  the  notice  of  which  the  annexed  is  a  copy  was  served,  re- 
examined the  subject  matter  of  the  said  notice,  and  taken  testimony  in  rela- 
tion thereto,  do  hereby  decide,  that  the  pauper  A.  B.,  therein  mentioned,  has 

a  legal  settlement  in  the  said  town  of ,  to  which  as  such  pauper  he  belongs 

(or  has  not  a  legal  settlement  in  said  town  of ). 

Given  under  our  hands,  at ,  this. .  .  .day  of  . . .,  18. . 

A.  B., 

C.  D., 

E.  R, 

Superintendents  of  the  Poor. 


ISO.    XV. 

CERTIFICATE   OF   A   SUPERINTENDENT   THAT   A   PERSON     IS    A    COUNTY     PAUPER     ON 
APPLICATION   OF   OVERSEERS  OF   A   TOWN. 

County  of ,  ss.     The  Overseers  of  the  Poor  of  the  town  of ,  having 

given  notice  to  the  undersigned,  that  A.  B.,  a  poor  person,  being  in  said  town, 
should  be  supported  as  a  county  pauper,  and  having  inquired  into  the  circum- 
stances, and  being  satisfied  that  the  said  pauper  has  not  gained  a  legal  settle- 
ment in  any  town  in  the  said  county,  this  certificate  of  tliat  fact  is  hereby 
given ;  and  that  the  said  A.  B.  is  chargeable  to  the  said  county. 

Dated  at ,  this day  of ,  18.  .. 

A.  B.,  Superintendent. 


464  THE  CLERK'S  ASSISTANT. 

I«fo.    18. 

NOTICE    A3   TO    LEGAL    SETTLEMENT   OF   A   PAUPER. 

County  of ,  ss.     To  the  Overseers  of  the  town  of. . . .,  in  said  county: 

Yon  are  hereby  notified,  that  on  the ....  day  of ,  at  10  o'clock  in  the  fore- 
noon of  that  day,  the  Board  of  Superintendents  of  the  Poor  of  said  county 
will  proceed  to  a  hearing  of  the  allegations  and  proofs  which  may  then  be 

presented  in  relation  to  the  legal  settlement  of  A.  B.j   in  the  town  of 

And  after  such  hearing,  will  affirm  or  annul  the  certificate  given  on  the .... 
day  of . . .  ,  18. .,  declaring  that  the  said  A.  B.,  was  chargeable  upon  the  said 
county. 

Dated  at ,  this day  of ,18... 

A.  B., 
C.  D.,  &c., 
Superintendents  of  the  Poor. 


TSt>.    1». 

DECISION    OF    THE    BOARD    OF    COUNTY    SUPERINTENDENTS   ANNULLING  THE  CER- 
TIFICATE. 

County  of. . . .,  SS.  C.  D.,  one  of  the  Superintendents  of  the  Poor  of  the 
said  county,  having  reported  to  the  Board  of  County  Superintendents  of  the 
Poor  for  said  county  the  case  mentioned  in  the  certificate,  a  duplicate  or  copy 
whereof  is  hereunto  annexed,  the  said  Board,  after  due  notice  given  to  the 
Overseers  of  the  Poor  of  the  town  of.  . . .,  in  said  county,  and  after  hearing 
the  allegations  and  proofs  in  the  premises,  do  hereby  annul  the  said  certificate 
so  given,  and  do  decide  that  the  legal  settlement  of  A  B.  is  in  the  town  of 
. . . . ,  in  said  county. 

Dated  at ,  this. . .  .day  of. . . .,  18. .. 

A.  B., 
C.  D.,  &c., 
Superintendents  of  the  Poor. 


ISO.    SO. 

DECISION  BY  THF  BOARD  OF  COUNTY  SUPERINTENDENTS  AS  TO  THE  REFUSAL  OF 
A  SUPERINTENDENT  TO  GIVE  THE  CERTIFICATE. 

County  of. . . .,  ss.  Notice  having  been  given  by  the  Overseers  of  the 
Poor  of  the  town  of. . . .,  in  said  county,  to  0.  D.,  one  of  the  Superintendents 
of  the  Poor  of  the  said  county,  that  A.  B.,  a  poor  person,  being  in  said  town, 
should  be  supported  as  a  county  pauper,  and  the  said  Superintendent  having 
refused  (or  neglected)  to  give  the  certificate  prescribed  by  §  59  [sec.  36],  title  1, 
chapter  20,  part  1,  of  the  Revised  Statutes  of  the  State  of  New  York,  and  the 
undersigned,  constituting  the  Board  of  County  Superintendents  of  the  Poor 
for  said  county,  having,  on  apphcation  of  the  said  Overseers,  summarily  heard 
the  matter,  hereby  determine  and  decide,  that  the  said  pauper  hath  not  gained 
a  legal  settlement  in  any  town  of  the  said  county,  and  should  be  supported  as 
a  count}-  pauper  (or  hath  gained  a  legal  settlement  in  the  town  of....,  in 
said  county  (as  the  case  may  be).     And  the  Superintendents  hereby  award  to 


POOR  LAWS. 


465 


the  Overseers  of  the  town  of . . . . 
ing  $10),  costs  of  said  proceeding 

Certified  under  our  hands,  at . , 


the  sum  of  (here  insert  a  sum  not  exceed- 
by  them  in  this  behalf  expended. 

. .,  this day  of ,  18. .. 

A.  B., 
C.  D.,  &c., 
Superintendents  of  the  Poor. 


ISO.    31. 

OHDER  OF  THE  OVERSEERS  OF  A  TOWN  TO  REMOVE  A  POOR  PERSON  TO  THE 
COUNTY  POOR  HOUSE. 

County  of ,  ss.     A.  B.,  having  applied  for  relief  to  the  Overseers  of 

tne  Poor  of  the  town  of ,  who  having  inquired  into  the  state  and  cir- 

(mmstances  of  the  applicant,  and  it  appearing  that  he  {or  she)  is  in  such  indi- 
gent circumstances  as  to  require  permanent  relief  and  support,  and  can  be 
safely  removed,  the  undersigned.  Overseers,  hereby  order  the  said  A.  B.  to  be 
removed  to  the  county  poor  house  to  be  relieved  and  provided  for  as  the  ne- 
cessities of  such  applicant  may  require,  at  the  expense  of  the  said  county  (or 
town  according  to  the  fact,  if  in  a  county  where  the  towns  are  required  to 
support  their  own  poor). 

Given  under  our  hands,  at ,,this. . .  .day  of ,  18. . 

A.  B., 
C.  D., 
Overseers  of  the  Pooi 


IS"o.  33. 

THE  CERTIFICATE  OF  THE  KEEPER  OF  THE  POOR  HOUSE, 
REMOVING  A  PAUPER. 


FOR  THE  EXPENSE  OF 


Treasurer  of  Madison  County. 

Pay  J.  D.,    two  dollars,  for 

transporting  R.  R.  from , 

being miles,    to   Madison 

County  Poor  House. 

Eaton,  May  24th,  1832. 

No.  30. 


$2 


Treasurer  of  Madison  County. 


This  certifies,  that  J.  D.,  is  entitled  to  two 
dollars,  at  the  rate  prescribed  by  the  Superin- 
tendents, for  transporting  R.  R.  from  the  town 
of to  Madison  County  Poor  House,  being 

. .  .  miles. 

Eaton,  May  24th,  1832. 


Countersigned, 


No.  30. 


A.  B.,  Keeper. 
C.  D., 

E.  R, 
Superintendents. 


ISo.    33. 

superintendents'  order  to  pay  expenses  incurred  by  overseers   previous 
to  the  removal  of  a  pauper. 

To  the  Tieasurer  of  the  County  of : 

Pay  to  the  Overseers  of  the  Poor  of  the  town  of ,  in  said  county, 

$....,  a  sum  which  was  necessarily  paid  out  or  contracted  to  be  paid  for  the 
59 


4GG  THE  CLERK'S  ASSISTANT. 

relief  or  support  of  A.  B.,  a  pauper,  previous  to  his  removal  to  the  county 
poorhouse,  and  which  sum  the  undersigned,  Superintendents  of  the  Poor  of 
the  said  county,  judged  was  reasonably  expended  by  the  said  Overseers,  be- 
fore the  said  pauper  cuuld  properly  be  removed  ;  and  charge  the  same  to  the 

county  (or  if  a  town  pauper,  to  the  town  of ,  in  said  county). 

Given  under  our  hands,  at ,  this ....  day  of ,  18 . . 

A.  B., 
C.  D.; 
Superintendents  of  the  Poor. 


JNo.    »4. 

justices'  order  for  a  pauper  who  requires  temporary  relief. 

The  Overseers  of  the  Poor  of  the  town  of ,  haying  applied  to  the 

undersigned,  a  Justice  of  the  Peace  of  the  said  town,  relative  to  A.  B.,  a  per- 
son applying  to  them  for  relief,  and  having  examined  into  the  facts  and  cir- 
cumstances, and  it  appearing  that  the  said  A.  B.,  so  applying,  requires  only 
temporary  relief  {or  is  sick,  lame,  or  otherwise  disabled,  so  that  he  or  she  can- 
not be  conveniently  removed   to  the  county  poor  house),   the  undersigned 

hereby  orders  the  said  Overseers  to  apply  $ per  week  for  the  relief  of  the 

said  A.  B.,  until  they  have  .expended  the  sum  of  $10,  or  such  sum  less  than 
that  amount  as  may  be  found  sufficient  for  the  temporary  reUef  of  the  said 
poor  person  A.  B. 

Given  in  said  town,  the  . . .  day  of ,  18 . . 

C.  D.,  Justice. 


ISO.    35. 

superintendent's  certificate  for  a  weekly  allowance. 

County  of ,  ss.     The  undersigned,  one  of  the  Superintendents  of  tlie 

Poor  of  the  county  of ,  having  "been  applied  to  by  the  Overseers  of  the 

town  of ,  in  said  county,  to  give  his  sanction  for  the  expenditure  of  a 

greater  sum  than  $10  for  the  relief  of  A.  B.,  as  authorized  ty  the  Justice's 
order  hereunto  annexed,  and  having  inquired  into  the  facts  of  the  case,  and 
being  satisfied  that  the  said  A,  B.  cannot  property  be  removed  to  the  county 
poor  house,  and  that  he  is  in  need  of  further  relief,  hereby  gives  his  sanction 
to  the  continuance  of  the  weekly  allowance  specified  in  said  order,  until  the 

expenditure  amounts  to  $ over  and  above  the  sum  of  $10,  authorized 

by  the  Justice's  order  given  in  this  case,  and  to  be  charged  to  the  county  (or 
town),  as  specified  in  said  order. 

Given  under  my  hand,  at ,  this day  of  . , .,  18. . 

A.  B.,  Superintendent  of  the  Poor. 


ISO.    36. 

KoncE  OF  overseers  of  a  town  to  a  superintendent  that  pauper  has  no 

LEGAL    settlement. 

To ,  a  Superintendent  of  the  Poor  of  the  county  of. ...  : 

You  are  hereby  notified,  that  on  the  application  of  A.  B.,  a  poor  person,  for 

relief,  the  undersigned.   Overseers  of  the  Poor  of  the  town  of ,  in  said 

county,  with   the  assistance  of  C.  D.,  a  Justice  of  the  Peace  of  said  town 


POOR  LAWS.  467 

inquired  into  the  facts  and  circumstances  of  the  case,  and  found  that  the  said 
pauper  had  no  legal  settlement  in  any*to^vn  in  said  county:  And  until  the 
County  Superintendents  take  charge  of  said  pauper,  the  Overseers  will  pro- 
vide for  his  support,  and  an  account  for  the  expense  thereof,  from  the  time  of 
the  service  of  this  notice,  will  be  presented  as  a  charge  against  said  county. 

Given  under  our  hands,  at. . . .,  this day  of ,  18. . 

E.  F., 
G.  H., 
Overseers  of  the  Poor. 


No.  sr. 

PROOF   OF   SERVICE   OF   THE   FOREGOING   NOTICE. 

County  of. . . ,,  ss.     E.  F.,  one  of  the  Overseers  of  the  Poor  of  the  town 

of ,  being  sworn,  says,  that  a  notice,  of  which  the  annexed  is  a  copy,  was 

by  him  served  on  J.  K.,  one  of  the  Superintendents   of  the   Poor  of  said 

connty,  on  the day  of ,  18 . . 

E.  F. 
Sworn  before  me  this . . . .  ) 
day  of....,  18..  \ 


3Vo.  38. 

NOTICE  OF  THE  IMPROPER  REMOVAL  OF  A  PAUPER  FROM  ANOTHER  COUNTY. 

County  of. . . .,  ss.  To  the  Superintendents  of  the  Poor  of  the  county 
of. . . .:  You  are  hereby  notified,  that  A.  B.,  a  poor  and  indigent  person,  hath 
been  improperly  sent  (or  carried,  transported,  brought  or  removed,  or  enticed 
to  remove)  from  the  said  county  of. . . .,  to  the  county  of. . .  .,  without  legal 
authority,  and  there  left,  with  intent  to  make  the  said  county  of. . . .,  to  which 
the  said  removal  was  made,  chargeable  with  the  support  of  the  said  pauper. 
You  are,  therefore,  pursuant  to  the  provisions  of  §  82  [sec.  59],  title  1,  chapter 
20,  part  1,  of  the  Revised  Statutes  of  the  State  of  New  York,  required  forth- 
with to  take  charge  of  such  pauper. 

Given  at. . . .,  in  said  county  of. ...,  the. . .  .day  of. . .  .18. .. 

A.  B., 
C.  D.,  &c., 
Superintendents  of  the  Poor  of. . . .  County. 


THo,   SO. 

DENIAL   OF   FACTS   IN    FOREGOING   NOTICE. 

County  of  ...,  ss.  To  the  Superintendents  of  the  Poor  of  the  county 
of....:  You  are  hereby  notified,  that  the  undersigned.  Superintendents  of 
the  Poor  of  the  county  of. . . .,  deny  the  allegation  contained  in  your  notice, 
of  the  supposed  improper  removal  of  A.  B.,  as  mentioned  in  your  notice  to 
the  undersigned,  in  the  manner  and  with  the  intent  in  the  said  notice  alleged. 

Given  under  our  hands  at .... ,  this ....  day  of  .  . .  . ,  18 .  . . 

A.  B.. 
C.  D.,  &c., 
Superintendents  of  the  Poor  of  the   County  of 


do. 

do. 

do. 

do 

do. 

do 

do. 

do 

4(38  THE  CLERK'S  ASSISTANT. 

aVo.  30. 

AXSU.AX  REPORT  OF  THE  SUPERINTENDENTS  OF  THE  POOR  OF  THE  COUNTY  OF , 

TO  THE  SECRETARY  OF  STATE. 

The  Superintendents  of  the  Poor  of  the  countj'  of ,  in  pursuance  of  the 

provisions  of  the  Revised  Statutes  for  "  the  relief  and  support  of  indigent  per- 
sons," present  to  the  Secretary  of  State  their  annual  report,  as  follows : 
The  number  of  paupers  relieved  or  supported  during  the  year  pre- 
ceding the  1st  of  December,  instant,  was, 

Of  the  persons  thus  reUeved,  the  number  of  county  paupers  was, 

The  number  of  town  paupers  was,    

The  whole  expense  of  such  support  was, $ 

Of  this  sum,  there  was  paid  for  transportation  of  paupers, 

Allort-ance  made  to  Superintendents  for  their  services, 

Overseers,  do.  do 

Justices,  do.  do 

Keepers  and  Officers,  do 

Physicians,  for  services  and  medicines, 

[In  the  foregomg  will  be  embraced,  as  well  the  expenses  at  the  poor  house, 
as  those  reported  by  the  Supervisors  of  the  several  towns  as  the  expenses  by 
the  Overseers  of  the  Poor.  The  items  embraced  in  that  part  of  the  report 
which  follows,  have  particular  relation  to  the  poor  house,  and  the  expenses  by 
those  sent  to  and  supported  there.] 

The  actual  value  of  the  labor  of  the  paupers  maintained  was, $ . .    . 

The  estimated  amount  saved  in  the  expense  of  their  support  in  conse-     .... 

quence  of  their  labor, 

The  sum  actually  expended,  over  and  above  the  labor  and  earnings  of  the 
paupers,  divided  by  the  average  number  kept  during  the  year,  gives dol- 
lars and cents  per  year,  or cents  per  week,  as  the  actual  expense  of 

keeping  each  person. 

The  county  poor  house  has acres  of  land  attached  to  it,  and  the 

whole  establishment  is  valued  at, •  •   $  •  •  •  • 

The  number  of  persons  in  the  poor  house  on  the  1st  December,  in- 
stant, was, 

Of  this  number,  there  were  of  females, 

do.         do.  do.  of  males, 

Of  the  females,  there  were  of  16  years  of  age  and  under, 

Of  the  males  of  the  same  age, • •  •  • 

Of  the  persons  reheved  or  supported  during  the  year,  there  were for- 
eigners;     lunatics;     idiots;    and mutes;  of  the  mutes, w^ere 

between  the  ages  of  10  and  25  years. 

The  number  of  paupers  received  into  the  poor  house  durmg  the  year, 

was 

Born  in  the  poor  house, 

Died  during  the  year, 

Bound  out, 

Discharged, 

Absconded, 

The  children  in  the  poor  house  over  5  and  under  16  years  of  age,  have  been 

instructed months,  bv  a  teacher  at  the  poor  house  (or  sent  to  the  district 

school),  and  the  whole  number  of  children  taught  during  the  year  was   

[This  number  is  to  embrace  the  names  of  all  the  children  who  have  been 
taught,  more  or  less,  in  the  course  of  the  year.] 

Given  under  our  hands  at ,  this, .'.  .day  of  December,  18. . 

Superintendents  of  the  Poor 


POOR  LAWS.  469 


StTPEKVISORS    REPORT    FOR    A    TOWN    WHERE    ALL    THE    POOR   ARE    NOT    A    COUNTY 
CHARGE,    MADE    TO    THE    CLERK    OF    THE    BOARD    OF    SUPERVISORS. 

The  Supervisors  of  the  town  of ,  in  the  county  of . . .   ,  report  to  the 

Clerk  of  the  Board  of  Supervisors,  under  §  102  [sec.  7G],  title  1,  of  chapter 

20,  as  follows: 

The  number  of  paupers  relieved  or  supported  in  said  town  during  the 
year  preceding  the.... day  of....,  18..,  as  appears  from  the  ac- 
counts of  the  Overseess  of  the  Poor,  was, 

Of  the  persons  thus  relieved,  the  number  of  county  paupers,  was, 

The  number  of  town  paupers, 

The  whole  expense  of  such  support  was, 

Allowance  to  Overseers  for  support  of  county  paupers, 

Allowance  to  Overseers  for  support  of  town  paupers, 

Allowance  to  Overseers  for  their  services, 

Allowance  to  Overseers  for  transportation  of  paupers 

Allowance  made  to  Justices 

Allowance  to  physicians  for  medicine  and  attendance, 

Of  the  whole  number  of  paupers  relieved  by  the  Overseers  during  the  year, 
they  report  that  there  Avere . . .  .foreigners  ;  ...  .lunatics  ;  ...  .idiots;  and 
. . .  .mutes.  The  number  of  paupers  under  their  charge,  at  the  time  of  audit- 
mg  their  accounts,  is  stated  at. . . .  ;  of  which were  males  and. . .  .female^ 

[If  there  are  any  other  charges,  let  them  be  specified.] 

I  hereby  certify,  that  the  foregoing  is  a  correct  abstract  of  the  accounts  oi 
the  Overseers  of  the  Poor  of  the  town  of.    . .,  for  the  year  ending  on  the 

day  of ,  18. .,  as  the  same  have  been  settled  by  the  board  of  Town 

Auditors. 

A.  B.,  Supervisor. 

Dated  this day  of. . . .,  18. . 


No.    3S. 

COMPLAINT   AGAINST   A   VAGRANT. 

County  of  Albany,  ss.     A.  B.,  of  the  town  of ,  in  said  county,  being 

sworn,  makes  oath  and  complaint  before  C.  D.,  one  of  the  Justices  of  the 
Peace  of  said  town,  that  E.  F.  is  now  in  said  town,  and  is  an  idle  person,  not 
having  visible  means  to  maintain  himself,  and  living  without  employment,  and 
is,  as  said  deponent  believes,  a  vagrant,  within  the  meaning  and  intent  of  the 
statute  in  such  case  made  and  provided. 

A.  B. 

Subscribed  and  sworn  this  7th  day  ) 
of  July,  1860,  before  me,  ) 

C.  D.,  Justice. 


3Vo.    33. 

WARRANT   TO    ARREST   A   VAGRANT. 


County  of ,  ss.     To  any  Constable  of  said  county,  Greeting:  Whereas, 

A.  B.,  of . . . . ,  in  said  county,  has  this  day  made  complaint,  on  oath,  before 
nie,  the  under-named  Justice  of  the"  Peace  of  said  town,  that  E.  F.  (here  set 


470  THE  CLERK'S  ASSISTANT. 

forth  the  complaint).  You  are  therefore  hereby  commanded,  in  the  name  ot 
the  People  of  the  State  of  New  York,  forthwith  to  arrest  the  said  E.  F.,  and 
bring  him  before  me,  the  said  Justice,  at  my  dwelling  house  in ... .  aforesaid, 
to  answer  to  said  complaint,  and  to  be  otherwise  dealt  with  in  the  premises  aa 
the  law  requires. 

Given  under  my  hand,  at ,  aforesaid,  this day  of ,  18. . 

C.  D.,  Justice. 


TCo.    34. 

RECORD    OF   CONVICTION   OF   A   VAGRANT. 

County  of ,  ss.    Be  it  remembered,  that  J.  S.  is  now,  at  this  day,  brought 

before  me,  the  under-named  Justice  of  the  Peace  of  the  town  of. . . .,  in  said 
county,  at  . . . ,  aforesaid,  upon  the  charge  and  accusation  that  said  J.  S.  was 
found  in  said  town  an  idle  person,  not  having  visible  means  to  maintain  him- 
self, and  living  without  employment  (or  as  the  case  may  be),  and  a  vagrant 
within  the  intent  and  meaning  of  the  provisions  of  title  2,  of  chapter  20  of 
the  .first  part  of  the  Revised  Statutes.  And  I,  the  said  Justice,  being  satisfied 
upon  due  and  personal  examination  of  said  J.  S.,  and  by  his  confession,  now 
before  me  had  and  made  {or  satisfied  upon  due  and  personal  examination  of 
said  J.  S.,  and  upon  competent  testimony  now  before  me  had  and  given), 
that  said  charge  and  accusation  are  in  all  respects  true,  the  said  J.  S.  is,  there- 
fore, duly  convicted  before  me  of  being  a  vagrant,  within  the  true  intent  and 
meaning  of  said  statute :  And  it  appearing  to  me  that  said  J.  S.  is  not  a  noto- 
rious offender,  and  that  he  is  a  proper  object  for  relief,  I  adjudge  and  deter- 
mine that  said  J.  S.  be  committed  to  the  county  poor  house  of  said  county 
\or  the  alms  house  or  poor  house  of  the  town)  for  the  term  of  forty  days, 
Vhere  to  be  kept  at  hard  labor ;  {or  it  appearing  to  me  that  said  J.  S.  is  an  im- 
proper person  to  be  sent  to  the  poor  house,  I  do  therefore  adjudge  and  deter- 
mine that  said  J.  S.  be  committed  to  the  common  jail  of  said  county  {or  the 
bridewell,  or  house  of  correction),  for  the  term  of  30  days,  and  to  be  kept  for 
the  first  15  days  of  said  term  on  bread  and  water  only.) 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this day  of 

...,18.. 

J.  R,  [l.  s.]  , 
Justice. 

:Nty.    35. 

COMMITMENT. 

Albany  County,  ss.  To  any  Constable  cff  said  County,  Greeting  :  Whereas, 
J  S.  has  been  this  day  duly  convicted  before  me.  the  undernamed  Jus- 
tice of  the  Peace  of  the  town  of ,  in  said  county,  of  being  a  vagrant ;  and 

inasmuch  as  it  appeared  to  me  that  said  J.  S.  is  not  a  notorious  offender,  and 
is  a  proper  subject  of  relief  {or  that  said  J.  S.  is  an  improper  person  to  be 
sent  to  the  poor  house),  I  did,  upon  such  conviction,  adjudge,  that  said  J.  S. 
be  committed  as  hereinafter  pxpressed.  You  are  therefore  hereby  com- 
manded, in  the  name  of  the  People  of  the  State  of  New  York,  to  convey  the 
said  J.  S.  to  the  county  poor  house  {or  alms  house,  or  town  poor  house),  the 
keeper  whereof  is  required  to  keep  the  said  J.  S.  therein  at  hard  labor  for  the 
term  of  forty  days;  {or  to  convey  the  said  J.  S.  to  the  common  jail  of  said 
county,  the  keeper  whereof  is  required  to  detain  the  said  T.  S.  in  safe  custody 
therein  for  the  term  of  thirty  days,  and  to  be  kept  for  the  first  ten  days  of 
said  term  on  bread  and  water  only). 

Given  under  my  hand  and  seal,  at  Bera,  this  7th  day  of  July,  1860. 

J.  E.,  Justice,  [l.  s.j 


POOR  LAWS.  471 

ISO.    BG. 

WARRANT    TO    COMMIT    A    CHILD    TO     THE    COUNTY    POOR    HOUSE. 

Albany  Comity,  ss.  To  any  Constable  of  said  county,  Greeting  :  Whereas, 
complaint  has  this  day  been  made,  and  the  proof  thereof  given  to  me,  one  of 
I  he  Justices  of  the  Peace  of  said  county,  that  a  child  of  the  name  of  A.  B., 
lias  been  found  in  the  town  of  Knox,  in  said  county,  beggmg  for  alms.  You 
are,  therefore,  hereb}'  commanded,  in  the  name  of  the  People  of  the  State  of 
New  York,  to  convey  the  said  child  to  the  poor  house  of  said  county  (or 
town,  or  the  alms  house  of  said  city),  tlie  keeper  whereof  is  required  to 
detain,  keep,  employ,  and  instruct  said  child  in  such  useful  labor  as  said  child 
shall  be  able  to  perform,  until  discharged  therefrom  by  the  County  Superinten- 
dents of  the  Poor,  or  bound  out  as  an  apprentice  by  them  (or  by  the  Com- 
missioners of  such  alms  house,  o?'  by  the  Overseers  of  the  Poor). 

Given  under  my  hand  and  seal,  at  Knox,  this  7th  day  of  July,  18G0. 

J.  R,        [l.  S.J 
Justice. 


No.    3T. 

INDENTURE   MADE    BY    THE   SUPERINTENDENTS    OF    TUE    POOR. 

Whereas,  A.  B.,  a  male  child  ten  years  of  age,  hath  been  sent  to  the  county 
poor  house  in  the  county  of.  .  . .,  in  the  State  of  New  York  :  Now,  therefore, 
this  indenture,  made  the  7th  day  of  July,  1860,  between  G.  B.,  and  B.  B.,  and 
C.  B.,  County  Superintendents  of  the  Poor  of  the  said  county,  of  the  first  part, 
and  C.  D.,  of.  .  .  .,  in  the  county  of.  . . .,  of  the  second  part,  witnesseth,  that 
the  said  parties  of  the  first  part,  in  consideration  of  the  provisions  of  the 
statute  in  relation  to  children  supported  by  the  public,  and  of  the  covenants 
hereinafter  contained,  do  hereby  bind  tlie  said  A.  B.,  to  the  said  C.  D.,  to  serve 
as  apprentice  (or  clerk)  to  the  trade  of. .  .  (or  employment  or  profession), 
until  (here  insert  a  time,  not  exceeding  the  time  when  the  boy  will  be  21, 
or  if  a  girl,  18).  And  the  said  party  of  the  second  part,  in  consideration 
of  the  above,  and  of  .  .  .dollars  to  him  paid,  (or  agreed  to  be  paid),  as  herein- 
after st:>ted  in  relation  to  the  said  binding  out  of  the  said  apprentice  (or  clerk), 
hereby,  for  himself,  his  heir,  executors  and  administrators,  covenants  to  and 
with  the  said  party  of  the  first  part,  that  (here  state  the  whole  agreement). 
And  the  said  C.  D.  further  covenants  and  agrees,  that  he  will  cause  such  child 
to  be  instructed  to  read  and  write,  and  also  in  the  general  rules  of  aritlimetic; 
and  he  further  agrees,  that  he  will  give  to  such  apprentice,  at  the  expiration 
of  his  service,  a  new  Bible. 


Signed,  sealed  and  deUvered,  ) 
in  the  presence  of  ) 


No.    38. 

INDENTURE   FOR   BINDING   OUT   A   CHILD   BY   OVERSEERS   OF  THE   POOR. 

Whereas,  the  parents  of  A.  B.,  a  female  cliild, years  of  age,  have  become 

chargeable  to  the' town  of ,  in  the  county  of :     Now,  therefore,  thia 

indenture,  made  the day  of ^  18. .,  between  C.  D.  and  E.  F.,  Overseers 


G. 

B., 

[L. 

S-] 

B. 

B., 

[L. 

S.J 

C. 

B., 

(L. 

S.] 

Superintender 

its  of  the  Poor. 

C. 

D., 

[L. 

s.] 

472  THE  CLERK'S  ASSISTANT. 

of  the  Poor  of  said  town  {or  city),  of  the  first  part,  and  G.  H.,  of  the  town 
of. . . .,  in  the  county  of  . . .,  of  the  second  part;  witnesseth,  that  the  said 
parties  of  the  first  part,  in  consideration  of  the  provisions  of  the  statute  in 
relation  to  children  supported  by  the  pubhc,  and  of  the  covenants  hereinafter 
contained,  do  hereby  bind  the  said  A.  B.  to  the  said  party  G.  H.  to  serve  in 
the  employment  of  mantua-making  {or  other  service,  as  the  case  may  be,) 
imtil  the.  . .  .day  of.  . .  .,  (liere  insert  a  period  not  exceeding  the  time  when 
the  girl  will  be  18  years  of  age).  And  the  said  party  of  the  seconc"  part, 
in  consideration  of  the  service  of  the  said  A.  B.,  hereby,  for  himself,  his  heirs, 
executors  and  administrators,  covenants  to  and  with  the  said  Overseers  of  the 
Poor,  that  (here  state  the  conditions  of  the  agreement).  And  the  said  G.  H. 
further  covenants  and  agrees,  that  he  will  cause  the  girl  named  in  this  inden- 
ture, to  be  instructed  to  read  and  write,  and  at  the  expiration  of  her  service 
will  give  her  a  new  Bible. 

C.  D,  [l.  s.] 

E.  P.,  [l.  s.] 

Overseers  of  the  Poor. 

G.  H.,  [l.  s.] 


JVo.    39. 

NOTICE    TO    TAVERN    KEEPER   NOT    TO    SELL    LIQUOR   TO    AN   HABITUAL    DRUNKARD. 

The  undersigned  Overseer  of  the  Poor  of  the  town  of  Knox,  in  the  county 
of  Albany,  having  discovered  that  A.  B.  of  said  town  is  an  habitual  drunkard, 
I  do  hereby  designate  him  as  such  :  And  every  merchant,  tavern  keeper, 
shop  keeper  or  other  dealer  in  spirituous  liquors,  is  required  not  to  give  or 
sell  under  any  pretense,  any  spirituous  liquor  to  such  drunkard. 

0.  v.,   Overseer  of  the  Poor  of  the  town  of  Knox. 

July  7,  1860. 


No.    40. 

NOTICE   TO   OVERSEERS. 

To  the  Overseers  of  the  Poor  of  the  town  of  Knox : 

You  are  hereby  notified,  that  A.  B.,  who  has  been  designated  by  you  as  an 
habitual  drunkard,  has  applied  to  me  for  process  to  summon  a  jury  to  try  and 
determine  the  fact  of  such  drunkenness :  And  that  I  have  fixed  upon  the 
16th  day  of  July  instant,  at  2  o'clock  in  the  afternoon,  at  my  office  in  said 
town,  as  the  time  and  place  for  such  trial. 

Dated  at  Knox,  this  7th  day  of  July,  1860. 

J.  K.,  Justice  of  the  Peace. 


No.    41, 

VENIRE. 

County  of  Albany,  ss.     To  any  Constable  of  the  town  of ,  in  said 

couLty,  Greeting :     You  are  hereby  commanded,  in  the  name  of  the  People 


POOR  LAWS.  473 

of  the  State  of  New  York,  to  summon  a  jury  of  twelve  persons,  competent 

to  serve  on  juries,  to  appear  at  my  office,  in aforesaid,  on  the 

day  of     ,   instant,   at  two  o'clock  in  the  afternoon,  to  try  the  fact, 

whether  A.  B.,  of  said  town,  is  an  habitual  drunkard;  he  having  been  desig- 
nated as  such  by  the  Overseers  of  the  Poor  of  said  town ;  and  have  there  then 
a  panel  of  the  names  of  the  jurors  you  shall  so  summon,  and  this  precept. 

Given  under  my  hand,  at ,  this day  of ,  18. . 

J.  K.,  Justice  of  the  Peace. 


aVo.    43. 

SUBPCENA   FOR   WITNESSES. 


County  of  Clinton,  ss. — To  J.  D.,  R.  E.,  &c.,  Greeting :  You  are  hereby 
commanded,  in  the  name  of  the  People  of  the  State  of  New  Yoik,  to  appear 
before  me,  the  undernamed  Justice  of  the  Peace,  at  my  office,  in  the  town  of 

,  in  said  county,  on  the     .  .day  of .,  instant,  at  2  o'clock  in 

the  afternoon,  to  give  evidence  touching  the  fact  of  the  habitual  drunkenness 
of  A.  B.,  he  having  been  designated  by  the  Overseers  of  the  Poor  of  said 
town  as  an  habitual  drunkard ;  and  the  said  A.  B.  having  demanded  a  jury  to 
try  such  alleged  fact. 

Given  under  my  hand,  at ,  this day  of ,  18. . 

J.  K.,  Justice. 


No.    43. 

juror's  oath. 


You  do  swear,  in  the  presence  of  Almighty  God,  that  you  will  well  and 
truly  try  the  fact  of  the  alleged  habitual  drunkenness  of  A.  B.,  and  a  true 
verdict  will  give,  according  to  evidence. 


No.    44. 

witness'  oath. 


You  do  swear,  in  the  presence  of  Almighty  God,  that  the  evidence  you 
shall  give,  touching  the  fact  of  the  alleged  habitual  drunkenness  of  A.  B.,  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 


3Vo.    40. 

EXECUTION   AGAINST   HABITUAL   DRUNKARD. 

County  of ,    ss.     To  any  Constable  of  said  county,    Greeting: 

Whereas  A.  B.,  of ,  in  said  county,  was  designated  and  described 

V)y  the  Overseers  of  the  Poor  of  said  town  as  an  habitual  drunkard,  and  by 
the  verdictof  a  jury  dulyimpanneled,  drawn,  and  sworn  before  me,  the  under- 
named Justice,  upon  the  apphcation  of  the  said  A.  B.,  it  is  found  that  he  is  an 
habitual  drunkard,  whereupon  I  did  render  judgment  against  said  A.  B.,  for 

GO 


474  THE  CLERK'S  ASSISTANT. 

the  costs  of  the  said  Overseers  in  attending  the  trial,  amounting  to  the  sum 
of  ^3.  You  are,  therefore,  hereby  commanded,  in  the  name  of  the  People  of 
the  State  of  New  York,  to  levy  the  said  costs  of  the  goods  and  chattels  of  the 
said  A.  B.  (excepting  such  goods  and  chattels  as  are  exempt  by  laAv  from  exe- 
cution), and  bring  the  money  which  you  shall  collect,  in  thirty  days  from  the 

date  hereof,  before  me,  at  ni}'  office,  in ,  to  render  to  said  Overseers ;  and 

if  no  such  goods  and  chattels,  or  not  sufficient  to  satisfy  this  execution,  can 
be  found,  you  are  further  required  to  take  the  body  of  the  said  A.  B.,  and 
convey  him  to  the  common  jail  of  said  county,  there  to  remain  until  this  exe- 
cution be  paid,  or  he  be  thence  discharged  accordmg  to  law. 

Given  under  my  hand,  at ,  this ....  day  of ,  18 . . 

J.  K.,  Justice  of  the  Peace. 


THo.    46. 

EXECUTION   AGAINST   THE   OVERSEERS. 

County  of. . . .,  ss.  To  any  Constable  of  said  county,  G-reeting :  Whereas' 
A.  B.,  of. . . .,  in  said  county,  was  designated  by  0.  D.  and  E.  F.,  the  Over- 
seers of  the  Poor  of. . .  .aforesaid,  as  an  habitual  drunkard,  and  upon  trial  of 
the  fact  of  such  drunkenness,  before  a  jury  duly  irapanneled  and  sworn  before 
me,  the  under  named  Justice  of  the  Peace  of  said  town,  and  after  hearing  the 
proofs  and  allegations,  as  well  of  the  said  A.  B.  as  of  the  said  Overseers  of  the 
Poor,  the  said  jury  returned  their  verdict  to  me,  whereby  they  found  that  the 
said  A.  B.  is  not  an  habitual  drunkard ;  and  inasmuch  as  it  appeared  to  me, 
upon  the  trial  of  said  matter,  that  the  said  Overseers  of  the  Poor  did  not  act 
in  good  faith,  and  had  not  reasonable  cause  to  believe  the  said  A.  B.  to  be  an 
habitual  drunkard,  &c.,  I  did.  upon  the  return  and  entry  of  said  verdict,  enter 
judgment  against  the  said  Overseers  of  the  Poor  for  the  costs  of  said  A.  B., 
amounting  to  the  sum  of  $3.  You  are,  therefore,  commanded,  in  the  name 
of  the  People  of  the  State  of  New  York,  to  levy  the  said  costs,  <fcc.  (As  in 
the  usual  form  to  the  end). 

J.  K.,  Justice. 


No,    4iy. 

REVOCATION   BY   THE   OVERSEERS   WHEN   A   DRUNKARD    REFORMS. 

County  of  Clinton,,  ss.  The  undersigned.  Overseers  of  the  Poor  of  the 
town  of. '. . .,  being  satisfied  that  A.  B.,  respecting  whose  drunkenness  a  no- 
tice has  heretofore  been  given  by  the  Overseers  of  the  Poor  of  said  town,  has 
reformed  and  become  temperate,  hereby  revoke  and  annul  the  notice  given  in 
the  case  of  the  said  A.  B.  aforesaid. 

Given  under  our  hands  at ,  this. . .  .day  of. . . .,  18. .. 

C.  D,, 
E.  R, 
Overseers  of  the  Poor.   . 


No.    48. 

COMPLAINT   AGAINST   A   DISORDERLY   PERSON. 

County  of ,  S3.     To ,  Esq.,  a  Justice  of  the  Peace  for  the  town 

of ,  iu  said  county :     A.  B.,  of  said  town,  being  duly  sworn  says,  that  G. 


POOR  LAWS.  475 

D.  is  (as  the  said  deponent  believes),  a  disorderly  person,  within  the  meaning 
of  the  provisions  of  the  Revised  Statutes  of  New  York,  in  this,  to  wil,  that 
the  said  C.  D.  (here  insert  the  facts  on  which  the  charge  is  founded,  that  he 
threatens  to  run  away  and  leave  his  wife  and  children,  or  any  other  charge 
tendering  him  a  disorderly  person). 

•'  ^  '  A.  B. 

I  certify  that  the  oath  in  the  above  complaint  i 
mentioned,  was  duly  made  before  me,  at  > 

,  this ....  day  of ,  18 . . .  ) 

G.  H.,  Justice. 


TSo.    4=». 

WARRANT   AGAINST    A»  DISORDERLY  PERSON. 

County  of ,  ss.     To  any  Constable  of  said  county.  Greeting:      A.  B., 

of  the  town  of ,  in  said  county,  having  this  day  made  complaint,  on  oath, 

before  me,  the  under  named  Justice  of  the  Peace  of  said  county,  against  C. 
D.,  in  which  complaint  the  said  A.  B.  alleges  that  (here  set  forth  the  complaint). 
You  are,  therefore,  hereby  commanded,  in  the  name  of  the  People  of  the 
State  of  New  York,  forthwith  to  apprehend  the  said  A.  B.,  and  bring  him 
before  me.  at  my  office,  in ,  for  examination,  as  by  law  required. 

Given  under  my  hand  at ,  this day  of ,  18. .. 

J.  K.,  Justice. 


JSo.    50. 

RECOGNIZANCE. 


County  of ,  ss.     We,  C.  D.,  E.  F.  and  G.  H.,  of ,  in  said  county, 

acknowledge  ourselves  indebted  to  the  People  of  the  State  of  New  York,  that 

is  to  say,  the  said  C.  D.  in  the  sum  of  $ ,  and  the  said  E .  F.  and  G.  H., 

each  the  sum  of  $ ,  to  be  respectively  made  and   levied  of  our  several 

coods  and  chattels,  lands  and  tenements,  to  the  use  of  said  people,  if  default 
shall  be  made  in  the  condition  following: 

The  condition  of  this  recognizance  is  such,  that  whereas  A.  B.  made  corn- 
plaint  on  oath,  before  the  under  named  Justice  of  the  Peace,  against  the  said 
C.  D.,  in  which  complaint  the  said  A.  B.  alleged  that,  &c.  (here  set  forth  the 
matter  complained  of).  And  the  said  Justice  having  this  day  caused  the  said 
C.  D.  10  be  brought  before  him  and  examined,  touching  the  offense  in  said 
complaint  alleged  ;  and  it  appearing  to  said  Justice  upon  said  examination,  and 
by  the  confession  of  the  said  C.  D.  {or  by  competent  testimony),  that  he  is 
guilty  of  the  offense  in  said  complaint  alleged,  and  is  a  disorderly  person : 
Now,  therefore,  if  the  said  C.  D.  shall  be,  and  continue  of  good  behavior 
towards  the  People  of  the  State  of  New  York,  for  the  space  of  one  year,  from 
and  after  this  day,  then  this  recognizance  to  be  void,  otherwise  of  force. 

C.  D. 


E.  F. 
G.  TL 


Taken,  subscribed,  approved  and  acknowledged  ) 

before  me,  this day  of ,  18 . . ,  J 

J.  K.,  Justice. 


476  THE  CLERK'S  ASSISTANT. 

No.    5X. 

FORM    OF    RECORD. 

Count)/  of  Clinton,  ss.  Be  it  remembered,  that,  whereas  A.  B.  made  com- 
plaint on  oath  before  me,  the  under  named  Justice  of  the  Peace  of  said 
county,  against  C.  D.,  in  which  complaint  the  said  A.  B.  alleges  that,  (fee. 
(set  forth  the  complaint).  And  whereas  I,  the  said  Justice,  did  cause  the 
said  C.  D.  to  be  brought  before  me,  this  day,  at aforesaid,  and  exam- 
ined touching  the  offense  in  said  complaint  alleged,  and  it  appealing  to  me, 
the  said  Justice,  upon  such  examination,  and  by  the  confession  of  said  C.  D. 
before  me  made  {or  by  competent  testimony),  that  he  is  guilty  of  the  offense 
in  said  complaint  alleged,  the  said  C.  D,  is  tlierefore  convicted  before  me,  the 
said  Justice,  of  being  a  disorderly  person.  And  inasmuch  as  the  said  C.  D., 
now  before  me,  has  made  default  in  finding  sureties  for  his  good  behavior, 
as  by  me  required,  that  is  to  say,  two  sufficient  sureties,  to  be  recognized 
with  said  C.  D.,  each  in  the  sum  of  $50,  and  the  said  C.  D.  in  the  sum  of  $100, 
I  do  therefore,  in  pursuance  of  the  statute  in  such  case  made  and  provided, 
make  this  my  record  of  the  conviction  of  the  said  C.  D.  of  the  offense  afore- 
said, at aforesaid,  this. . .  .day  of. . . .,  18. .  . 

J.  K.,  Justice. 


JSo.    5S. 

WARRANT    TO     COMMIT. 

County  of  Clinton,  ss.  To  any  Constable  of  said  County,  G-reetmg : 
Whereas,  C.  D.  has  been  this  day  duly  convicted  before  me,  the  under  named 
Justice  of  the  Peace  of  said  county,  of  being  a  disorderly  person ;  and  upon 
such  conviction,  the  said  C.  D.  was  by  me  required  to  find  two  sufficient  sure- 
ties to  be  recognized  with  said  C.  D.,  the  sureties  each  in  the  sum  of  $50,  and 
the  said  C.  D.  in  the  sum  of  $100,  for  his  good  behavior  for  the  space  of  one 
year  from  the  time  of  his  conviction  as  aforesaid ;  and  inasmuch  as  said  C.  D. 
has  made  default  in  finding  such  sureties :  You  are,  therefore,  hereby  com- 
manded, in  the  name  of  the  People  of  the  State  of  New  York,  forthwith  to 
convey  the  said  C.  D.  to  the  common  jail  of  said  county,  the  keeper  whereof 
is  required  to  detain  him  in  custody  in  said  jail,  until  he  shall  find  such  sure- 
ties, or  shall  be  thence  discharged  according  to  law. 

Given  under  my  hand,  this  7th  day  of  July,  1860. 

J.  K.,  Justice. 


ISO.    ?53. 

DISCHARGE. 

County  of  Clinton,  ss.  To  the  keeper  of  the  common  jail  of  said  county, 
Greeting:  Whereas  C.  D.  was  lately  committed  to  your  custody  in  said  jail 
by  the  warrant  of  E.  P.,  Justice,  upon  the  conviction  of  said  C.  D.,  before  the 
said  Justice,  of  being  a  disorderly  person,  and  upon  the  failure  of  said  C.  D., 
to  procure  sureties  for  his  good  behavior,  as  by  said  Justice  required.  And 
whereas,  the  said  C.  D.  has  given  such  sureties  as  were  originally  required  by 
said  E.  P.,  Justice,  from  him  :  Now,  therefore,  we,  being  two  of  the  Justices 
of  the  Peace  of  the  county,  do  require  you  forthwith  to  discharge  the  said  C. 
D.,  out  of  your  custody  in  said  jail,  under  his  commitment  aforesaid. 

Given  under  our  hands,  at ,  this  7th  day  of  July,  1860, 

L.  M., 
N.  0., 
Justices. 


POOR  LAWS. 


477 


ISo.    54. 

jailer's  report  relative  to  committed  disorderly  persons. 

County  of  Clinton,  ss.  To  the  Court  of  Sessions  of  the  said  county  :  The 
following  is  a  list  of  the  persons,  since  the  last  session  of  the  court,  committed 
as  disorderly  persons  to  the  common  jail  of  the  said  county,  and  now  in 
custody  of  the  undersigned,  keeper  thereof,  with  the  nature  of  their  offenses, 
the  name  of  the  Justice  committing  them,  and  the  time  of  imprisonment,  to 
wit : — 


List  of  persons  so 
committed,  and 
now  in  custody. 


Nature  of  their 
offenses  res- 
pectively. 


Name  of  the  jus- 
tice COMMITTING 
THEM. 


The  time  of  impri- 
sonment. 


Dated  at. . . .,  in  said  county,  the. 


.day  of. .  .  .,  18. .  . 

P.  Q.,  Keeper  of  the  Jail 


No.    55. 

APPLICATION    OF  THE    SUPERINTENDENTS    OR   OVERSEERS    OF  THE    POOR,  RELATIVE  TO 

A    BASTARD. 

County  of....,  ss.  To....,  Esq.,  Justice  of  the  Peace  of  said  county: 
A.  B.,  having  been  dehvered  of  a  bastard  child,  which  is  chargeable  {or  likely 
to  become  chargeable)  to  the  said  county  (or  to  the  town  of. ... ,  in  said 
county),  (or  A.  B.  being  pregnant  of  a  child,  likely  to  be  born  a  bastard,  and 
to  become  chargeable,  &c.),  the  undersigned.  Superintendents  of  the  Poor  of 
the  said  county,  pursuant  to  sec.  5,  title  G,  chap.  20,  part  1,  of  the  Revised 
Statutes  of  the  State  of  New  York,  apply  to  you  to  make  inquiry  into  the 
facts  and  circumstances  of  the  case. 


Given  under-  our  hands,  at .... ,  this ....  day  of 


..,18... 
C.  D., 
E.  R, 
Superintendents  of  the  Poor. 


IVo.    56. 


EXAMINATION    BEFORE   BIRTH. 


County  of. . . .,  SS.  A.  B.,  of  the  town  of. . . .,  in  said  county,  being  duly 
sworn  before  the  under  named  Justice  of  the  Peace  of  said  county,  says,  that 
she  is  now  with  child,  and  that  the  child  of  which  she  is  pregnant  is  likely  to 
be  born  a  bastard,  and  to  become  chargeable  to  said  county  (or  to  the  town 
of. . . .,  in  said  county  ,  and  that  C.  D.,  of. . . .,  is  the  father  of  said  child. 

A.  B. 
Subscribed  and  sworn,  this. . . .  [ 

day  of 18. .,  before  me,    \ 

J   K.,  Justice. 


478  THE  CLERK'S  ASSISTANT. 

ivo.   5'r. 

EXAMINATION   AFTER   BIRTH. 

County  of ,  ss.     A.  B.,  of  the  town  of ,  in  said  county,  being  duly 

sworn  before  the  under  named  Justice  of  the  Peace  of  said  county,  says,  that 

on  the day  of last,   she  was  delivered  of  a  bastard  child,  which  is 

chargeable  (or  likely  to  become  chargeable)  to  said  county  {or  to  the  town  of 

,  in  said  county),  and  that  C.  D.,  of ,  is  the  father  of  said  bastard 

child. 

A.  B. 

Subscribed  and  sworn,  this ) 

day  of ,  18. .,  before  me,    \ 

J.  K.,  Justice. 


No  .    £5  8. 

WARRANT    TO    APPREHEND    REPUTED   FATHER. 

County  of  Clinton,  ss.  To  any  Constable  of  said  County,  Greeting. 
Whereas,  A.  B.,  of. . . .,  in  said  county,  upon  her  examination  on  oath  before 
me,  the  under  named  Justice  of  the  Peace  of  said  county,  tliis  day  had,  did 

declare    that,  &c.   (as  in  the  examination).     And  whereas ,  one  of  the 

Overseers  of  the  Poor  of  said  town  (or  one  of  the  Superintendents,  as  the 
case  may  be),  in  order  to  indemnify  the  said  town  {or  county),  in  the  premi- 
ses, hath  applied  to  me  to  inquire  into  the  facts  and  circumstances  of  the  case, 
and  to  issue  my  warrant  to  apprehend  the  said  C.  D.,  &c.  You  are,  therefore, 
hereby  commanded,  in  the  name  of  the  People  of  the  State  of  New  York, 
forthwith  to  apprehend  the  said  C.  D.,  and  bring  him  before  me,  at  my  office, 

in aforesaid,  for  the  purpose  of  having  an  adjudication  respecting  the  fiha- 

tion  of  such  bastard  child  {or  of  such  child  likely  to  be  born  a  bastard). 

Given  under  my  hand,  at. . .  aforesaid,  this day  of ,  18. .. 

J.  K.,  Justice. 


No.    E5  9. 

StJBP(ENA   IN   A   BASTARD   CASE. 

County  of. . . . ,  ss.  To  J.  D.,  R.  E.,  &c..  Greeting :  You  are  hereby  com- 
manded, in  the  name  of  the  People  of  the  State  of  New  York,  personally  to 
appear  before . . .  . ,  and  the  under  named . .  . . ,  two  of  the  Justices  of  the  Peace 
of  said  county,  forthwith  {or  at  the  time  fixed  upon),  at  the  office  of  the  said 
. . . .,  in. . . .,  in  said  county,  to  testify  touching  the  father  of  a  bastard  child, 
wherewith  A.  B.  alleges  she  is  now  pregnant  {or  which  was  lately  born  of  A. 
B.),  and  any  other  knowledge  you  may  have  touching  the  matter  then  and 
there  to  be  examined  into  before  the  said  justices. 

Given  under  my  hand  at . .  . . ,  this ....  day  of. ... ,  18 . . 

J.  K.,  Justice. 


No.    GO. 

BOND    ON    ADJOURNMENT. 


Know  all  men  by  these  presents,  that  we,  C.  D.  and  E.  F.,  of ,  in  the 

county  of  . . . ,  are  held  and  firmly  bound  unto  the  People  of  the  State  of  New 


POOR  LAWS.  479 

York,  in  the  sum  of  $500,  for  the  payment  whereof  to  the  said  People,  we 
bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this day  of ,  18. . 

The  condition  of  this  obligation  is  such,  that  *whereas,  the  under  named  C. 

D.  has  been  this  day  brought  before and ,  two  of  the  Justices  of  the 

Peace  of  said  county,  charged  up'^n  the  oath  of  A.  B.  of aforesaid,  as  the 

reputed  father  of  a  bastard  child,  with  which  the  said  A.  B.  alleges  she  is 
pregnant  (or  of  a  bastard  child  lately  born  of  said  A.  B.),  the  said  Justices 
having  associated,  pursuant  to  statute,  to  examine  the  matter,  and  adjudicate 
respecting  the  filiation  and  maintenance  of  such  bastard  child  (o?-  likely  to  be 
Dorn  a  bastard).  And  whereas,  at  the  request  of  C.  D.,  and  for  sufficient 
reasons  given,  the  said  Justices  have  determined  to  adjourn  the  said  exami- 
nation and  adjudication,  upon  the  execution  of  this  bond,  until  the day  of 

. . . .,  instant,  at  2  o'clock  in  the  afternoon,  at  the  office  of  said . . .  .,  in . . . 
aforesaid  :     Now,  therefore,  if  the  said  C.  D.    shall  personally  appear  before 
the  said  Justices,  at  the  time  and  place  last  aforesaid,  and  not  depart  there- 
from without  leave  of  said  Justices,  then  this  obligation  to  be  void,  otherwise 
of  force. 

C.  D.         [l.  S.J 

E.  F.        [l.  s.] 
Sealed  and  delivered  in  presence  ) 
of,  and  approved  by  us,        \ 


Justices. 


:sso.  ai. 

ORDER    OF    FILIATION. 

County  of  Clinton,  ss.  Whereas,  we,  the  under  named,  being  two  of  the 
Justices  of  the  Peace  of  said  county,  have  this  day  associated,  at. . .  .,  in  said 
county,  upon  the  application  of  the  Overseers  of  the  Poor  of  said  town  {or 
Superintendents),  for  the  purpose  of  making  examination  and  determination, 
touching  a  certain  bastard  child  lately  born  in  said  town,  of  the  body  of  A. 
B.  {or  a  certain  child  wherewith  A.  B.  was  said  to  be  pregnant,  and  that  said 
child,  Avhen  born,  would  be  a  bastard),  and  chargeable  {or  likely  to  become 
chargeable)  to  said  town  {or  county),  and  of  which  child  C.  D.  was  alleged  to 
be  the  father :  And  whereas,  we  have  duly  examined  the  said  A.  B.  on  oath, 
in  the  presence  of  the  said  C.  D.,  touching  the  father  of  said  child,  and  have 
also  heard  the  proofs  and  allegations  to  us  oflered,  in  relation  thereto,  as  well 
on  the  part  and  in  behalf  of  the  said  Overseers,  as  of  the  said  C.  D.,  whereby 
it  appears -that  the  said  A.  B.  was,  on  the. . .  .day  of. . .  .last,  delivered  of  a 
bastard  child  in  said  town  {or  appears  that  the  said  A.  B.  is  now  pregnant  of 
a  child,  which,  when  born,  will  be  a  bastard),  and-which  is  chargeable  (or 
likely  to  become  chargeable)  to  said  town  {or  county),  and  that  the  said  C.  D. 
is  the  father  of  said  child.  We,  therefore,  upon  examination  of  the  matter,  as 
well  by  the  oath  and  examination  of  said  A.  B.,  in  presence  of  the  said  C.  D. 
as  otherwise,  do  adjudge  him,  the  said  0.  D.,  to  be  the  father  of  said  bastard 
child. 

And  thereupon  we  order,  that  said  C.  D.  pay  to  the  Overseers  of  the  Poor 
of  said  town  {or  to  the  said  Superintendents  of  the  Poor)  for  the  support  of 
said  child,  the  weekly  sum  of  ^1,  so  long  as  said  child  shall  continue  charge- 
able to  said  town  {or  to  said  county). 


480  THE  CLERK'S  ASSISTANT. 

And,  inasmuch  as  it  appeared  to  us,  and  we  find  that  said  A.  B.  is  in  indi- 
gent circumstances,  we  determine  and  order  that  said  C.  D.  pay  to  said  Over- 
seers of  tlie  Poor  (or  Superintendents),  for  the  sustenance  of  the  said  A..  B. 
during  her  confinement  and  recovery  therefi-om,  the  sum  of  $20. 

And  we  do  hereby  certify  the  reasonable  costs  of  apprehending  and  secur- 
ing the  said  father,  and  of  the  order  of  fihation,  at  the  sum  of  $10. 

Given  under  our  hands,  at ,  aforesaid,  this day  of ,  18 . . 


Justices. 


ISO.    6  3. 


BOND   UNDER   ORDER   OF   FILIATION. 

Know  all  men  by  these  presents,  that  we,  C.  D.,  E.  F.  and  G-.  H.,  of 

in  the  county  of ,  are  held  and  firmly  bound  unto  the  People  of  the 

State  of  New  York,  in  the  sum  of  $1,000,  for  the  payment  whereof  to  said 
People  we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly  and 
severally,  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this day  of ,  18. . 

The  condition  of  this  obligation  is  such,  that  whereas,  by  an  order  this  day 
duly  made  and  subscribed  by  the  under  named  Justices  of  the  Peace  of  said 
county,  it  is  adjudged  that  the  said  (J.  D.  is  the  reputed  father  of  a  bastard 

child  of  which  A.  B.  of is  pregnant,  and  likely  to  become  chargeable 

(or  of  a  bastard  cliild  lately  born  in  said  town  of  the  said  A.  B.,  and  which  is 
chargeable),  to  said  town  (or  county).  And  it  is  thereby  ordered,  that,  &c. 
(here  recite  the  order  for  the  support  of  the  bastard  and  sustenance  of  the 
mother,  as  in  the  order).  Now,  therefore,  if  the  said  C.  D.  shall  pay  the  sums 
for  the  support  of  said  bastard  child  and  the  sustenance  of  its  mother,  as 
the  same  is  ordered  by  said  Justices  as  aforesaid,  or  as  shall  at  any  time  here- 
after be  ordered  by  the  Court  of  General  Sessions  of  the  peace  of  said  county, 
and  shall  fully  and  amply  indemnify  the  said  town  (or  county),  and  every 
other  county,  town  or  city  which  uay  have  incurred  any  expense,  or  may  be 
put  to  any  expense  for  the  support  of  such  child  or  its  mother,  during  her 
confinement  or  recovery  therefiom,  against  all  such  expenses,  then  this  obhga- 
tion  to  be  void,  otherwise  of  force. 

C.  D.  [l.  s.j 
E.  F.  [l.  s.j 
Sealed  and  delivered  in  presence  of,  and  the  )  G.  H.         [l.  s.J 


penalty  and  sureties  approved  by  us. 


Justices. 


(If  the  reputed  father  mean  to  appeal  from  the  order  of  the  Justices,  then 
the  condition  of  the  bond  must  be  varied,  as  follows :) 

Now,  therefore,  if  the  said  C.  D.,  shall  personally  appear  at  the  next  Court 
of  Sessions  of  said  county,  and  shall  not  depart  the  said  court  without  leave, 
then,  &c.  (as  in  the  foregoing  form  to  the  end). 


JVo.    63. 

WARRANT    TO    COMMIT    PUTATIVE    FATHER. 

County  of ,   ss.    To  any  Constable    of    said    County,    Greeting 

Whereas,  by  an  order  of  filiation  this  day  made  by  us,  the  under  named  Jus- 


POOR  LAWS.  481 

tices  of  the  Peace  of  said  county,  at ,  in  said  county,  we  did  adjudge 

C.  D.  to  be  the  father  of  a  bastard  child,  begotten  upon  the  body  of  A-.  B.,  of 
said  town,  and  did  therein  order  that  said  C.  D.  pay,  &c.  (here  set  forth  the 
direction  for  tlie  support  of  the  child,  the  sustenance  of  the  mother,  and  the 
certificate  of  the  Justices  of  the  amount  of  costs  and  charges  required  to  be 
paid,  as  in  the  order  expressed).  And  whereas,  upon  the  making  and  sub- 
scribing such  order,  we  did  require  the  said  C.  D.  immediately  to  pay  the  costs 
s )  certified,  and  to  enter  into  a  bond  to  the  People  of  this  State,  in  the  penal 
sum  of  $1,000,  with  good  and  sufficient  sureties,  to  be  by  us  approved,  with 
one  or  other  of  the  conditions,  which,  by  the  statute  in  such  case  made  and 
provided,  is  prescribed.  And  whereas,  due  notice  of  our  said  order  and  re- 
quirement has  been  given  to  the  said  C.  D.,  but  he  has  wholly  neglected  either 
to  pay  the  said  costs  and  charges,  or  to  execute  the  bond  aforesaid  {or  a  de- 
fault in  either  particularly,  as  the  case  may  be).  "You  are,  therefore,  hereby 
commanded,  in  the  name  of  the  People  of  the  State  of  New  York,  to  convey 
the  said  C.  D.  to  the  common  jail  of  said  county,  the  keeper  whereof  is  re- 
quired to  receive  and  detain  the  said  C.  D.  in  custody  in  said  jail,  until  ho  shall 
be  discharged  by  the  Court  of  General  Sessions  of  the  peace  of  said  county, 
or  shall  execute  such  bond  in  the  penalty  required  by  said  Justices,  as  afore- 
said. 

Given  under  our  hands,  at ,  tliis ....  day  of ,  18 . . 

L.  M., 
N.  0., 
Justices. 


ISO.    64. 

WARRANT    TO    RELEASE    PUTATIVE   FATHER. 

County  of ,  ss.  To  the  Keeper  of  the  Common  Jail  of  said  County, 

Greetmg :     Whereas  by  the  warrant  of  us,  the  under  nanjed  Justices  of  the 

Peace  of  said  county,  bearing  date  the day  of instant,  C.  D.  was 

committed  to  your  custody  in  said  jail,  being  charged  as  the  reputed  father  of 

a  bastard  child,  whereof  it  was  testified  to  us,  that  A.  B.,  of ,  in  said 

county,  was  pregnant,  and  likely  to  become  chargeable  to  said  town  {or  county) 
and  was  so  committed  for  not  paying  the  costs  by  us  certified,  and  executing 
the  bond  consequent  upon  our  order  of  filiation,  as  by  statute  required.  And 
whereas  it  is  now  testified  and  appears  to  us,  upon  due  proof  before  us  given, 
that  said  A.  B.  hath  married  before  her  delivery  of  the  said  child  {or  has  mis- 
carried of  such  child,  or  appears  not  to  have  been  pregnant) :  You  are,  there- 
fore, hereby  commanded,  in  the  name  of  the  People  of  the  State  of  New 
York,  forthwith  to  relieve  the  said  C.  D.  out  of  your  custody,  under  the  com- 
mitment upon  our  warrant  as  aforesaid. 

Given  under  our  hands  and  seals,  at ,  this. . .  .day  of. . . .,  18. . 

••• ,         [L-  s.] 

\^-^-\ 


Justices. 


ifo.  es, 


THE    JUSTICE     ISSUING     THE     WARRANT     TO    ARREST     IN     A    FOREIGN     COUNTY     WILL 
MAKE    AN    INDORSEMENT    UPON    IT    AS   FOLLOWS: 

I,  the  within  named  Justice  of  the  Peace,  direct  that  the  penal  sum  in  which 
any  bond  shall  be  taken  of  the  within  named  C.  D.,  shall  be  $1,000. 

J.  K..  Justice. 
61 


482 


THE  CLERK'S  ASSISTANT. 


ISo.    6G. 

THE    INDORSEMENT    OF   JUSTICE     IN    THE   FOREIGK    COUNT y. 

County  of ,  ss.     The  within  warrant,  with  the  indorsement  made 

thereon  by  the  Justice  by  whom  it  was  issued  of  tlie  sum  requu-ed  to  be  put 
in  the  bond,  having  been  presented  to  the  undersigned,  a  Justice  of  the  Peace 

of  the  county  of ,  and  proof  having  been  made  of  the  handwriting 

of  the  Justice  who  issued  the  said  warrant,  the  arrest  of  the  said is 

hereby  authorized,  if  he  can  be  found  within  the  county  of Indorsed 

at  the  town  of ,  in  the  county  of '. . ,  this ....  day  of 

18.. 

J.  K.,  Justice. 


ayo.  e-y. 


BOND   GIVEN   IN   A   FOREIGN   COUNTl 


{Proceed  as  in  Form  No.  60,  to  the  *  then  the  foUowmg  recital  :j 
Whereas,  the  said  0.  D.  lias  been  this  day  brought  before  the  under  named 

,  one  of  the  Justices  of  the  Peace  of  the  county  of ,  by 

virtue  of  a  warrant  issued  by,  . , ,  one  of  the  Justices  of  the  Peace  of 

tlie  county  of ,  whereon  the  name  of  the  said is    ndorsed, 

witli  an  authority  to  arrest  the  said  C.  D.,  in  tlie  county  of ^. .     (If  the 

indorsement  and  authority  were  made  by  a  difierent  Justice  than  the  one  be- 
fore whom  the  person  charged  is  brought,  vary  the  recital  thus,  whereon  the 

name  of  R.  R.,  one  of  the  Justices  of  the  Peace  of  the  said  county  of 

is  indorsed,  with  authority,  &c.J,  in  which  warrant  it  is  recited,  that  A.  B  ,  o.' 

,  in  said  county  of ,  upon  her  examination  on  oath,  before 

the  said ,  Justice,   did  declare  herself  pregnant  of  a  child,  which  is 

iikely  to  be  born  a  bastard  (or  did  declare  that  she  was,  on  the ....  day  of . .  . . 
last,  at aforesaid,  delivered  of  a  bastard  child),  and  to  become  charge- 
able (o?-,  and  which  is  chargeable),  to  said  town  {or  said  county).     And  upon 

the  said  warrant  is  indorsed  the  direction  of  the  said ,   that  the  penal 

sum  in  which  any  bond  should  be  taken  of  the  said  C.  D.  should  be  $1,000. 
Now,  therefore,  if  the  said  C.  D.,  <fcc.  (insert  the  conditions  expressed  in 
Nos.  60  or  62,  to  support  the  child,  or  to  appear  at  the  Sessions). 


i»fo.  es. 

CERTIFICATE    INDORSED    ON    WARRANT. 

I  certify,  that  the  within  named  C.  D.,  who  was  brought  before  me  one  of 

the  Justices  of  the  Peace  of  the  county  of ,  by  virtue  of  the  within 

warrant,  was  by  me  discharged  from  arrest,  upon  his  executing  a  bond  pursu- 
ant to  statute. 

J.  K.,  Justice, 

Dated ,  18.. 


Wo.  eo. 

ORDER  OF  FILIATION  IN  THE  ABSENCE  OF  THE  REPUTED  FATHER,  APPREHENDED 
IN  A  FOREIGN  COUNTY,  AND  WHO  HAS  GIVEN  BOND  TO  APPEAR  AT  COURT 
OF    SESSIONS. 

County  of ss.     C.  D.,  having  been,  in  the  county  of in 

the  State  of  New  York,  apprehended  by  virtue  of  a  warrant,  and  the  direc- 


rOOR  LAWS.  483 

tion  and  avithority  thereon  indorsed,  of  all  of  which  the  following  are 
copies,  to  wit :  (Here  insert  a  copy  of  the  warrant,  and  of  the  direction  as 
to  the  sum  for  which  the  bond  was  1o  be  taken,  and  of  the  authority  to  ar- 
rest in  the  other  county.)     Whereupon  the  said  C.  D.,  upon  being  apprehended 

as  aforesaid,  was  carried  before ,  Esq.,  a  Justice  of  the  Peace  of  the 

same  county  of ,  who  took  from  him,   the  said  C.  D.,  a  bond  to 

the  People  of  the  said  State,  with  good  and  sufficient  sureties,  in  the  sum  so 
directed  on  said  warrant,  with  condition  prescribed  by  the  Revised  Statutes 
of  the  said  State,  and  b}'-  which  condition  the  said  C.  D.  is  bound  to  appear  at 

the  next  Court  of  Sessions,  to  be  holden  in  the  said  county  of (where 

said  warrant  was  originally  issued),  and  not  depart  the  said  court  without  its 
leave ;  and  the  said  bond  having  been  in  due  form  of  law  returned  to  the 

undersigned ,  the  Justice  who  issued  the  said  warrant,  he,  the  said 

last  mentioned  Justice,  thereupon  immediately  called  to  his  aid  the  under- 
signed  ,  another  Justice  of  the  same  county,  and  the  undersigned  two 

Justices  proceeded  to  make  examination  of  the  matter  on  the.  .  .  .day  of. . . .. 

18. .,  at ,  in  said  town,  and  then  and  there  heard  the  proofs  that  were 

offered  in  relation  thereto ;  by  which  it  was  proven,  that  the  said  A.  B.,  being 

in  the  said  town  of ,  has  been  delivered  of  a  bastard  child,  which  is 

chargeable  to  the  said  town  of ,  and  that  the  said  C.  D.  is  the  father 

of  such  child ;  and  thereupon  the  two  undersigned  Justices  adjudge  and  de- 
termine, that  the  said  C.  D.  shall  pay  $ weekly,  for  the  support  of  the  said 

child.  And  it  appearing  from  the  examination  that  the  mother  of  the  child 
is  in  indigent  circumstances,  it  is  further  adjudged  that  the  sum  of  $15  be 
paid  by  the  said  C.  D.,  for  her  sustenance.  And  the  undersigned  certify  $5 
to  be  the  reasonable  costs  of  apprehending  the  said  C.  D.,  and  of  this  order  of 
filiation. 

Given  under  our  hands,  at ,  this. . .  .day  of ,  18. . 

E.  F., 
G.  H., 

Jiistices. 


JSo.    "70. 

WARRANT    TO    COMMIT    A    MOTHER    WHO    REFUSES    TO     DISCLOSE    THE    NAME     OF   THR 

FATHER. 

County  of  Clinton^  ss.  To  any  Constable  of  said  county.  Greeting:  Whore- 
as,  we,  the  under  named  Justices  of  the  Peace  of  said  county,  are  now  asso- 
ciated for  the  purpose  of  examining  into  the  matter,  and  making  order  for  the 
indemnit}'^  of  the  town  of. . . .,  in  said  county  (or  for  the  indemnity  of  said 
county),  against  the  support  of  a  certain  child,  said  to  have  been  born  a  bastard 
of  the  said  A.  B.,  and  chargeable  (or  likely  to  become  chargeable)  to  said 
town  {or  county).  And  whereas,  upon  the  application  of  the  Overseers  of  the 
Poor  of  said  town  (or  the  Superintendents  of  the  Poor  of  said  county),  we 
have  caused  C.  D.  to  be  brought,  and  he  now  is  before  us,  charged  as  the 
father  of  such  child ;  and  whereas  we  have"  required  the  said  A.  B.,  who  is 
now  before  us,  to  submit  to  an  examination  on  oath  in  the  presence  of  said  C. 
D.,  and  to  testify  touching  the  father  of  said  child,  and  to  disclose  his  name,  but 
the  said  A.'B.  wholly  refuses  so  to  testify  and  disclose  ;  and  inasmuch  as  it 
now  appears  to  us,  upon  due  proof  thereof,  given  on  oath  before  us,  that  moie 
than  a  month  has  elapsed  since  the  .said  A.  B.  was  delivered  of  such  child,  and 
that  she  is  now  sufficiently  recovered  from  her  confinement :  You  are  therefoi"e, 
hereby  commanded,  in  tr.e  name  of  tlie  Peoplp  of  the  State  of  New  York,  to 


484  THE  CLERK'S  ASSISTANT. 

take  the  said  A.  B.  and  convey  her  to  the  common  jail  of  said  count)',  the 
keeper  whereof  is  required  to  detain  the  said  A.  B.  in  his  custody  in  said  jail, 
until  she  shall  so  testify  and  disclose  the  name  of  such  father. 

Given  mider  our  hands,  at ,  this day  of ,  18 . . 

E.    F., 

•  G.  H., 

Justices. 


SUMMONS   TO    THE   MOTHER. 


Coimty  of ,  ss.     To  any  Constable  of  said  county,  Greeting :    You  are 

herebv  required  to  summon  A.  B.,  of ,  in  said  county,  to  appear  before  us, 

the  under  named  Justices  of  the  Peace  of  said  county,  on  the day  of , 

instant,  at  two  o'clock  in  the  afternoon,  at  the  ofBce  of  the  under  named , 

to  show  cause,  if  any  she  may  have,  why  we  should  not  make  an  order  for 
the  keeping  of  a  child  said  to  have  been  lately  born  of  the  said  A.  B.,  a  bas- 
tard, and  to  be  chargeable,  or  likely  to  become  chargeable,  to  said  county  (or 
town),  by  charging  the  said  A.  B.  with  the  payment  of  money  weekly,  or 
other  sustentation ;  the  Overseers  of  the  Poor  of  said  town  (or  the  Superin- 
tendents of  the  Poor  of  said  county),  having  apphed  to  us  for  that  puipose. 

Given  under  our  hands,  at. . .  .,  tliis. . .  .day  of. . . .,  18. . 

E.  F., 

G.  H., 

Justic&t, 


3Vo.  "73. 
ORDER  TO  COMPEL  THE  MOTHER  TO  PAT  FOR  SUPPORT  OF  CHILD. 

County  of  Clinton,  ss.     Whereas,  E.  F.,  one  of  the  Superintendents  of  the 

Poor  of  said  county  (or  G.  H.,  one  of  the   Overseers  of  the  Poor  of ,  in 

said  county),  has  made  application  to  us,  two  of  the  Justices  of  the  Peace  of 

said  county,  complaining  that  A.  B.,  of ,  in  said  county,  was  lately  de- 

Uvered  at ,  aforesaid,  of  a  bastard  child,  which  is  chargeable  {or  likely  to 

become  chargeable)  to  said  county  {or  town),  and  that  said  A.  B.  is  possessed 
of  property  in  her  own  right,  and  is  of  sufficient  abiUty  to  support  said  child, 
and  desiring  that  we  should  examine  into  the  matters  and  make  order  for  the 
relief  of  said  coimty  {or  town).  And  whereas,  upon  the  examinations  into 
the  matters  of  said  application,  and  upon  due  proof  thereof,  on  oath  before 
us  given,  and  the  said  A.  B.,  although  present  at  such  examination,  not  show- 
ing" any  sutficieut  cause  to  the  contrary  {or,  and  the  said  A.  B.  neglecting  to 
appear  before  us  and  show  cause,  if  any  she  might  have,  to  the  contrary, 
although  duly  summoned  so  to  appear),  therefore,  we  do  hereby  order  that 
the  said  A.  B.  pay  weekly  to  said  Overseers  {or  to  said  Superintendents),  the 
sum  of  ^1,  for  the  support  of  said  child. 

Witness  our  hands,  at ,  this day  of  . . .,  18.  . 

E.  F., 

G.  H., 

Justices. 


POOR  LAWS.  485 

OVo.    '73. 

WARRANT    TO    COMMIT 

County  of. .  . .,  s?.  To  any  Constable  of  said  county,  Greeting  :  Whereas, 
by  an  order  duly  made  by  us,  the  under  named  Justices  of  the  Peace  of  said 
county,  bearing  date  the  .  .  .  .day  of. . . .,  instant,  we  made  direction  for  the 
keeping  of  a  certain  bastard  child,  lately  born  in.  .  .  .,  in  said  county,  of  the 
body  of  A.  B.,  which  is  cliargeable  to  said  town  {or  county),  by  chargmg  A, 
B.  with  the  payment,  &c.  (as  in  the  order).  Which  order  was  so  made  upon 
the  application  to  us  of  the  Overseers  of  the  Poor  of  said  town  (or  of  the 
Superintendents  of  the  Poor  of  said  county),  and  after  due  notice  to  said  A 
B.  to  show  cause,  if  any  she  might  have,  against  the  making  of  such  order. 
And  whereas,  a  copy  of  said  order,  subscribed  by  us,  has  been  served  upon 
the  said  A.  B.,  and  she  has  not  executed  a  bond,  as  by  law  authorized,  for  her 
appearance  at  the  next  Court  of  General  Sessions,  &c.  And  inasmuch  as  it  is 
now  proved  before  us,  and  fully  appears,  that  said  A.  B.  has  wholly  neglected 
to  perform  the  requirement  in  our  said  order :  You  are,  tiierefore,  hereby 
commanded,  in  the  name  of  the  People  of  the  State  of  New  York,  to  take 
the  said  A.  B.  and  convey  her  to  the  common  jail  of  said  county,  there  to 
remain,  without  bail,  until  she  shall  comply  with  said  order,  or  execute  the 
bond  authorized  by  statute  as  aforesaid. 

Given  under  our  hands,  at. . . .,  this. . . .  day  of. . . .,  18. . 

E.  R, 

G.  H., 

Justices. 


JVo       '74. 

PROCESS  TO   SUMMOX   MOTHER   TO   TESTIFY. 

County  of  Clinton,  ss.  To  any  Constable  of  said  county.  Greeting:  '\^liere- 
as,  we,  the  under  named  Justices  of  the  Peace  of  said  county,  have,  upon-  the 
application  of  the  Overseers  of  the  Poor  of  the  town  of.  ... ,  in  said  county 
{or  the  Superintendents  of  the  Poor  of  said  county),  associated  for  the  pur- 
pose of  examming  into  tlie  matter  of  a  certain  complaint  made  to  us  by  said 
Overseei's  (or  Superintendents^,  that  A.  B.,  of  said  town,  is  now  pregnant 
with  a  cjiild,  which,  whea  born,  will  be  a  bastard,  and  which  is  likely  to  be- 
come chargeable  to  said  town  (or  county),  (or  that  A.  B.  has  been  delivered 
in  said  town  of  a  bastard  child,  which  is  chargeable,  or  likely  to  become 
chargeable,  to  said  town,  or  county).  And  C.  D.  having  been  brought  before 
us  this  day,  charged  to  be  the  putative  father  of  said  child :  Now,  therefore, 
to  the  intent  that  the  said  A.  B.  may  be  examined  before  us  on  oath,  and  in 
the  presence  of  the  said  C.  D.,  touching  the  father  of  said  child,  you  are 
hereby  commanded,  in  the  name  of  the  People  of  the  State  of  New  York,  to 
bring  the  said  A.  B.  forthwith  before  us,  at  the  office  of  the  under  named. . . ., 
in .... ,  aforesaid. 

Given  under  our  hands,  at ,  thig. . .  .day  of. . . .,  18. . 

E.  R, 
G.  H., 
Justicetk 


486  T^HE  CLERK'S  ASSISTANT. 

IN"  o.    T  S  , 
WARRANT   TO    SEIZE    PROPERTY   OF    AB3C0XDING    FATHER   OR   MOTHER    OF    BASTARD. 

Gouniy  of  Clinton,  ss.     To  the  Overseers  of  the  Poor  of  the  town   of » 

in  said  county  {or  to  the  Superintendents  of  the  Poor  of  said  county)  :  It  ap- 
pearing to  us,  two  of  the  Justices  of  the  Peace  of  said  county,  as  well  by  the 
representation  and  application  to  us  made  by  the  said  Overseers  {or  the  said 
Superintendents),  as  upon  due  proof  of  the  facts  before  us  given,  that  C.  D.  is 
the  flither  of  a  bastard  child,  whereof  A.  B.  of  said  town  is  now  pregnant, 
and  which,  when  born,  is  likely  to  become  chargeable  to  said  town  {or  county), 
{or  that  C.  D.  is  the  father  of  a  bastard  child,  lately  born  in  said  towm,  ol  A.. 
B.,  and  wliich  is  -chargeable,  or  likely  to  become  chargeable,  to  said  town,  or 
said  county),  and  that  said  C.  D.  has  absconded  from  said  town,  which  is  the 
place  of  his  ordinary  residence,  leaving  in  said  county  some  estate,  real  or 
personal.  And  whereas,  the  said  Overseers  {or  Superintendents)  have  applied 
to  us  for  our  warrant  to  seize  said  estate :  We,  therefore,  authorize  you  to  take 
and  seize  the  goods,  chattels,  effects,  things  in  action,  and  the  lands  and  tene- 
ments of  said'C.  D.  wherever  the  same  may  be  found  in  your  county.  And 
you  will,  immediately  upon  such  seizure,  make  an  inventory  of  the  property 
by  you  taken,  and  return  the  same,  together  with  your  proceedings,  to  the 
next  Court  of  G-eneral  Sessions  of  the  Peace  of  said  county. 

Given  under  our  hands,  at .  . . . ,  this ....  day  of ,  18 . . 

E.  F., 

G.  H., 

Justices. 


Pfo.  -re. 

ORDER    REDUCING   THE    SUM    TO  BE   PAID    BY    THE   FATHER   OR   MOTHER. 

County  of  Clinton,  ss.     To  the  Overseers  of  the  Poor  of  the  town  of > 

in  sraid  county  {or  the  Superintendents  of  the  Poor  of  said  county)  :  Whereas; 

by  an   order  of  filiation  by  us  made,  bearing  date  the day  of last,  we 

did  determine  that  C.  D.  is  the  father  of  a  certain  bastard  child,  then  lately 

born  in ,  aforesaid,  and   did   therein   order,  among  other  things,  that  the 

said  C.  D.  should  pay  to  you,  the  said  Overseers  {or  Superintendents),  for  the 
support  of  said  child,  the"^  weekly  sum  of  $1,  so  long  as  said  child  should  con- 
tinue chargeable  to  said  town  (or  county).  And  whereas,  upon  the  applica- 
tion of  the  said  C.  D.,  we  have  this  day  made  inquiry  into  the  circumstances 
of  the  case,  and  heard  the  proofs  and  allegations  to  us  submitted  in  relation 
thereto  ;  and  it  appearing  to  us,  upon  such  inquiry,  that  the  ch-cumstances  in 
relation  to  said  bastard  child  render  it  proper  and  expedient  that  the  sum  re- 
quited to  be  paid  by  the  said  C.  D.  by  our  former  order,  should  be  reduced  as 
hereinafter  expressed:  And  inasmuch  as  the  said  Overseers  {or  Superintend- 
ents) have  shown  before  us  no  sufficient  reason  against  such  reduction,  although 
appearing  before  us  {or  notified  to  appear  before  us  and  show^  such  cause,  if 
Any  they  might  have). 

"We  do  theVefore'reduce  the  sum  required  to  be  paid  weekly,  by  the  said  C 
D.,  by  our  former  order  as  aforesaid,  to  the  weekly  sum  of  75  cents. 

Given  under  our  hands,  at ,  this day  of ,  18. . 

E.  F., 
G.  H., 
Justices, 


POOR  LAWS.     .  487 

JSo.    -7  7". 

NOTICE  BY  SUPKUINTENDENT  OR  OVERSEER  THAT  APPLICATION  WILL  BE  MADE  TO 
THE  COURT  OF  SESSIONS  TO  INCREASE  AMOUNT  PAYABLE  IN  ORDER  OF  MAIN- 
TENANCE. 

County  of  Clinton,  ss.  To  A.  B. :  You  are  hereby  notified,  that  at  the  nexl 
Court  of  Sessions  of  said  count)',  to  be  holden  at. . .  .,  on  the. . .  .day  of. . .  ., 
at  10  o'clock  in  the  forenoon,  apyjlication  will  be  made  to  the  said  court,  by 
the  undersigned,  to  increase  the  sum  directed  to  be  paid  by  the  order  of  filia- 
tion, made  for  the  support  of  the  bastard  child  named  in  the  said  order,  of 
which  a  copy  is  herewith  annexed ;  which  said  application  will  be  founded  on 
the  affidavits,  copies  of  which  are  also  annexed. 

Dated  at . .    . ,  this . .  .   day  of. ... ,  18 . . 

J.  K.,  Superintendent  (or  Overseer)  of  the  Poor 


rvo.  TS. 

NOTICE    TO    BE    GIVEN    TO    SUPERINTENDENT    OR   OVERSEER    FOR     REDUCING     AMOUNT 
IN    ORDER    OF    FILIATION. 

To  G.  n.,  Superintendent  (or  Overseer): 

You  are  hereby  notified,  that  apphcation  will  be  made  to  the  next  court  of 
Sessions  of  the  Peace  of  the  county  of  Clinton,  to  be  holden  in  the  town  of 
,  on  the day  of  . . . ,  18 . . ,  at  10  o'clock  in  the  forenoon,  by  the  under- 
signed, to  reduce  the  amount  directed  to  be  paid  by  the  order  of  fihation  made 
for  the  support  of  a  bastard  child,  and  a  copy  of  which  order  is  annexed  to 
this  notice. 

Dated  at ,  this day  of ,  18 . . 

A.  B. 


Tfo.    "79. 

NOTICE    OF    APPEAL    FROM    THE    ORDER    OF  TWO  JUSTICES  INDORSED  ON  COPT  ORDER, 

County  of  Clinton,  ss.     To ....  and ,  Esqrs.,  two  Justices  of  the  Peace 

of  said  county :  You  are  hereby  notified,  that  the  undersigned,  conceiving 
himself  aggrieved  by  the  order  made  by  you,  of  which  a  copy  is  annexed, 
hereby  appeals  therefrom  to  the  next  Court  of  General  Sessions  of  the  peace, 

to  be  holden  in  said  county.  ,     _ 

A.    D. 

Dated  July  9,  1860. 


ISO.    SO. 


BOND  OF  SUPERINTENDENT  OF  THE  POOR. 

Know  ail  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  are  held 
and  firmly  bound  unto  the  Supervisors  of  the  county  of  Clinton  in  the  sura 
of  $500,  for  which  payment  well  and  truly  to  be  made  we  bind  ourselves, 
our' and 'each  of  our  heirs,  executors  and  administrators,  jointly  and  severally, 
firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  10th  day  of  November,  18o9. 

Whereas,  the  above  bounden  A.  B.  has  been  duly  elected  to  the  office  of 
County  Superintendent  of  the  Poor  of  the  county  of  Clinton,  to  serve  for  the 
period  of  three  years  from  January  1,  18G0.     Now,  therefore,  the  condition  of 


488 


THE  CLERK'S  ASSISTANT. 


this  bond  is  bucli,  that  if  the  said  A.  B.  shall  faithfully  execute  the  duties  ol 
his  office,  and  shall  pay  according  to  law  all  moneys  which  shall  come  to  his 
hands  as  Superintendent  of  the  Poor,  and  render  a  just  and  true  account 
thereof  to  the  Board  of  Supervisors,  then  this  obligation  to  be  void,  otherwise 
to  remain  in  full  force  and  virtue. 

A.  B.  [l.  s.] 

C.  D.  [l.  s.] 

E.  F.  [l.  s.] 


IS^O.    81. 

APPROVAL    OF    BOND    INDORSED   THEREON. 


The  within  bond  was  approved  as  to  the  form  and  sufficiency  thereof,  this 
12th  day  of  December,  1«59  by  the  Board  of  Supervisors  of  the  county  of 
Chnton. 

Q.  P.,   Olerh. 


Jfo.    83, 

BOND  OF  OVERSEER  OF  THE  POOR. 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  of  the 
town  of  Cohocton,  are  held  and  firmly  bound  unto  G.  H.,  Supervisor  of  said 
town,  and  to  his  successor  in  office,  in  the  sum  of  $500,  for  which  payment 
well  and  truly  to  be  made  v^re  bind  ourselves,  our  and  each  of  our  heirs,  execu- 
tors and  administrators,  jointly  and  severally  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  15th  day  of  November,  1859. 

Whereas,  the  above  bounden  A.  B.  has  been  elected  Overseer  of  the  Poor 
of  said  town  for  one  year  from  May  8,  1860,  and  until  his  successor  shall  have 
duly  qualified.  Now,  the  co'ndition  of  this  obligation  is  such,  that  if  the  said 
A.  B.  shall  faithfully  discharge  the  duties  of  his  office,  and  will  pay  according 
to  law  all  moneys  which  shall  come  into  his  hands  as  such  Overseer,  then  this 
obhgation  to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

.  A. 
C. 
E. 


B. 

[L.    S.] 

D. 

[L.    S.] 

F. 

[L.   S.] 

OVo.    83. 

APPROVAL   INDORSED   ON   THE   FOREGOING. 

I  approve  of  the  form  and  sufficiency  of  the  within  bond. 

G.  H,,  Swpervisor 
April  20,  1860. 


CHAPTER  XXXV. 

POWERS   OF   ATTORNEY. 

An  Attorney  is  a  person  to  whom  the  authority  of  another,  wh(j 
is  called  the  constituent,  is  by  him  lawfull;y  delegated.  An  Attor- 
ney at  Law  is  an  officer  in  a  Court  of  Justice,  who  is  employed  by 
a  party  in  a  cause  or  action  to  manage  the  same  for  him,  as  his 
advocate.  The  term  Attorney  in  Fact  is  employed  to  designate 
persons  who  act  under  a  special  agenc}^,  or  a  special  letter  of 
attorney,  so  that  they  are  appointed,  for  the  deed  or  special  act  to 
be  performed,  but  in  a  more  extended  sense,  it  includes  all  other 
agents  employed  in  any  business,  or  to  do  any  act  or  acts  for 
another.  All  persons  who  are  capable  of  acting  for  themselves, 
and  even  some  who  are  disqualified  from  acting  in  their  own 
capacity,  if  they  have  sufficient  understanding,  as  infants  of  pro- 
per age,  and  married  women  may  act  as  attorneys  of  others. 
And  a  married  woman,  living  out  of  this  State,  may  join  with 
her  husband  in  executing  powers  of  attorney,  for  the  convey- 
ance of  real  estate  situated  in  this  State,  provided  such  power  of 
attorney  shall  have  been  first  duly  proved  or  acknowledged 
according  to  the  provisions  of  the  Revised  Statutes,  in  relation  to 
conveyances  executed  by  married  women  residing  out  of  the 
State. 

The  Attorney  is  bound  to  act  with  fidelity  and  diligence  after 
having  accepted  the  appointment,  and  in  the  end  to  render  an 
account  of  his  proceedings  to  his  principal. 

The  Attorney  is  usually  appointed  by  an  instrument  under  seal 
called  a  letter  of  attorney,  and  sometimes  a  power  of  attorney. 

A  letter  of  attorney  is  a  written  instrument,  usually  under  seal, 
by  which  one  or  more  persons  called  the  constituents  or  princi- 
pals, authorize  one  or  more  other  persons  called  the  attorneys  to 
do  some  lawful  act  by  the  latter  for  or  instead  of  the  former. 
The  authority  given  is  either  general  or  special;  either  to  trans- 
62 


490 


THE  CLERK'S  ASSISTANT. 


act  all  tlie  business  of  the  constituents,  or  to  do  some  special 
business  particularly  named  in  the  letter  of  attorney.  It  is 
revocable  or  irrevocable.  "Where  the  power  of  attorney  couples 
no  interest  with  the  duty  to  be  performed,  it  may  be  revoked  by 
the  principal;  but  where  there  is  conveyed  to  the  Attorney,  by 
the  instrument  which  appoints  him,  an  interest  in  the  subject 
matter,  it  is  irrevocable.  The  revocation  of  a  letter  of  attorney 
takes  ejBfect  as  to  the  Attorney,  at  the  time  it  is  communicated  to 
him ;  as  to  third  parties  at  the  time  they  receive  notice  of  such 
revocation. 

The  Attorney  is  limited  in  his  action  by  the  letter  appointing 
him,  nor  can  he  bind  his  principal  or  constituent  beyond  the 
authority  conferred  upon  him  by  the  letter.  Hence  it  becomes 
very  important  that  a  person  dealing  with  an  Attorney,  should 
know  to  what  extent  the  principal  has  authorized  the  Attorney  to 
go,  and  in  what  respect  he  may  bind  his  principal,  or  whether  in 
fact  tlie  letter  conveying  the  power  is  in  terms,  or  the  manner  of 
execution  sufficient.  If  the  Attorney  is  to  sign  a  contract  or  exe- 
cute any  paper  under  seal,  then  the  letter  of  attorney  should  be 
under  seal :  and  if  it  is  for  the  purpose  of  conveying  real  estate 
the  letter  of  attorney  should  be  acknowledged  and  recorded  in 
the  Clerk's  office  in  the  county  where  the  land  lies.  Where  the 
Attorney  is  authorized  to  make  parol  representations,  his  princi- 
pal will  be  bound  either  by  the  representations  of  the  principal, 
or  by  notice  gi.viT  *•/>  the  Attorney. 


FORMS. 


POWER    OF    ATTORNEY COMMON    FORM. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of  Buffalo,  have 
made,  constituted,  and  appointed,  and  by  these  presents  do  make,  constitute, 
and  apponit  C.  D.,  of  Utica,  my  true  and  lawful  attorney  for  me  and  in  my 
name,  place,  and  stead  (set  forth  the  general  power  given),  giving  and  grant- 
ing unto  my  said  attorney  full  power  and  authority  to  do  and  perform  all  and 
every  act  and  thing  whatsoever  requisite  and  necessary  to  be  done  in  and 
about  the  premises,  as  fully,  to  all  intents  and  purposes,  as  I  might  or  could  do 
if  personally  present,  with  full  power  of  substitution  and  revocation,  hereby 
ratifying  and  confirming  all  that  my  said  attorney  or  his  substitute  shall  law- 
fully do"  or  cause  to  be  done  by  virtue  thereof 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  lOth  day  of 
July,  in  the  year  of  our  Lord,  1860. 

A.  B.  [l.  s.] 

Sealed  and  delivered  in  presence  of 
G.  H. 


avo.  a. 

POWER    OF    ATTORNEY   TO    RECEIVE    DIVIDENDS    ON    STOCK. 

Know  all  men,  &c.,  that  I,  A.  B.,  do  hereby  appoint  C.  D.,  of,  &c.,  my  attor- 
ney for  me,  and  in  my  name  to  receive  the  dividend  or  dividends,  which 
are  or  shall  be  payable  according  to  law  on  the  15th  day  of  July,  1860, 
on  all  stock  standing  in  my  name  in  the  books  of  the  New  York  Central  Rail- 
road, Avith  power  also,  one  or  more  persons  under  him  to  substitute  with  like 
power ;  and  to  do  all  lawful  acts  requisite  for  effecting  the  premises ;  hereby 
ratifying  and  confirming  all  that  my  said  attorney  or  substitute,  or  substitutes, 
shall  do" therein  by  virtue  hereof 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  10th  day  of 
Julv,  in  the  year  1860. 

^ '  -^  A.  B.  [l.  S.1 

Sealed  and  delivered  in  the  presence  of 
G.  H. 


JN"o.    3. 

POWER    OF   ATTORNEY    TO    VOTE    AT    AN    ELECTION    OF    DIRECTORS. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  do  hereby  constitute  and 
appoint  C.  D.  to  be  my  lawful  attorney,  substitute  and  proxy,  for  me  and  in  my 
name,  to  vote  on  all  the  stock  held  by  me  in  the  New  York  Central  Railroad 


492 


THE  CLERK'S  ASSISTANT. 


at  any  election  of  Directors,  as  fully  as  I  might  or  could  do,  were  I  personally 
present  at  such  election ;  and  I  hereby  revoke  any  proxy  or  proxies  hereto- 
fore given  by  me  to  any  person  or  persons  whatsoever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  10th  day  of 
July,  1860. 

A.  B.  [l.  s.] 
In  presence  of 

G.  H.  


as  o.  4. 

AFFIDAVIT   ANNEXED    TO    POWER   OF   ATTORNEY   TO   VOTE. 

ViUj  of  Rocliester^  ss.  I,.  A.  B.,  of  Rochester,  do  swear  that  the  shares  in  the 
capita]  stock  of  the  New  York  Central  Railroad,  for  which  I  have  given  the  above 
power  or  proxy  to  vote,  do  not  belong,  and  are  not  hypothecated,  to  the  said 
C.  R.  R.,  and  that  they  are  not  hypothecated  or  pledged  to  any  other  corpora- 
tion, or  any  person  or  persons  whatever ;  that  such  shares  have  not  been 
transferred  to  me  for  the  purpose  of  enabling  me  to  vote  thereon ;  and  that  I 
have  not  contracted  to  sell  or  transfer  them  upon  any  condition,  agreement  or 
understanding,  in  relation  to  the  manner  of  voting  at  any  election. 

A.  B. 

Sworn  before  me,  this ) 

day  of.... ,18..,  \ 


ISO.    5. 

POWER  OF  ATTORNEY  FOR  TRANSFER  OF  STOCK. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  for  value  received,  have  bar- 
gained, sold,  assigned  and  transferred,  and  by  these  presents  do  bargain,  sell, 
assign  and  transfer  unto  C.  D.  all  the  stock,  being  twenty  shares,  standing  in 
my  name  on  the  books  of  the  New  York  Central  Railroad,  and  do  hereby 
constitute  and  appoint  the  said  C.  D,  my  true  and  lawful  attorney  irrevocable, 
for  me  and  in  my  name  und  stead,  but  to  his  use,  to  sell,  assign,  transfer  and 
set  over  all  or  any  part  of  the  said  stock,  and  for  that  purpose  to  make  and 
execute  all  necessary  acts  of  assignment  and  transfer,  and  one  or  more  per- 
sons to  substitute  with  like  full  power,  hereby  ratifying  and  confirming  all 
that  my  said  attorney  or  his  substitute  or  substitutes  shall  lawfully  do  by  vir- 
tue hereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the  10th  day  of 
July,  1860. 

A.  B.  [l.  s.] 
Sealed  and  delivered  in  the  presence  of 
G.  H. 


THo,    6. 

A    POWER   FROM    PARTNERS   TO    COLLECT    DEBTS. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.,  have  made,  con- 
stituted, authorized  and  appointed,  and  in  our  place  and  stead  put,  and  by 
these  presents  we  do  make,  constitute,  authorize  and  appoint,  and  in  our  place 
and  stead  put  E.  F.  and  G.  H.,  and  each  of  them   to  be  our  and  each  of  our 


POWER  OF  ATTORNEY.  4'.;3 

atlcrney  or  attorneys,  jointly  and  severally,  for  us  and  eacli  of  us,  in  our  and 
each  of  our  names,  and  to  our  uses,  t(j  demand,  attach,  seize,  take,  sue  for, 
levy,  recovei-,  and  receive  by  all  lawful  ways  and  means  whatsoever,  of  and  • 
from  all  and  every  person  or  persons  whatsoever  whom  it  doth,  shall,  or  may 
concern,  and  particularly  of,  and  from  J.  K.,  his  heirs,  executors  and  adminis- 
trators, or  any  of  them,  all  and  every  sum  and  sums  of  money,  debts,  dues, 
duties,  demands,  goods,  chattels,  effects  and  things  whatsoever,  which  now 
are,  or  hereafter  shall  be,  and  grow  due,  owing,  payable  or  belonging  unto  us 
or  either  of  us,  upon  or  by  virtue  of  any  bond,  bill,  book,  grant,  covenant, 
assignment,  or  deed,  or  upon  account  of  trading,  or  dealing,  or  upon  any  other 
account,  or  by  any  other  ways  or  means  howsoever,  in  any  manner  or  wise, 
and  if  need  be,  to  call  to  account  and  to  bring  to  a  reckoning,  and  to  adjust  and 
settle  accounts  with  all  and  every  person  and  persons  concerned  in  the  pre- 
mises, or  any  part  thereof,  and  upon  receipt  or  recovery  of  all  or  any  such 
sum  or  sums  of  money,  debts,  dues,  duties,  demands,  goods,  chattels,  eifects, 
and  other  things,  or  any  part  thereof  sufficient  acquittances  and  discharges  for 
us  and  each  of  us,  and  in  our  or  either  of  our  names,  or  in  their  or  either  of 
their  own  names,  from  time  to  time,  to  make  and  give,  giving,  and  by  these 
presents  granting  unto  our  said  attorneys,  and  each  of  them,  full  power  and 
authority  in  and  touching  the  premises  in  our,  and  each  or  either  of  our  names, 
to  sue,  pursue,  arrest,  attach,  seize,  implead,  imprison,  condemn,  and  prosecute 
any  person  and  persons,  and  thence  and  thereof  again  to  acquit,  discharge, 
and  out  of  prison  to  release ;  also  to  take,  attach,  seize,  imprison,  prosecute, 
and  condemn,  the  lands  and  tenements,  goods  and  chattels,  rights,  credits  and 
debts,  of  any  person  or  persons,  also  for  us  and  each  of  us  to  appear,  and  our 
and  each  of  our  persons  to  represent  in  all,  or  any  court  or  courts,  or  other  places 
as  demandants  or  defendants,  in  any  suit,  action,  or  appeal,  for  or  by  reason 
of  the  premises,  or  any  part  thereof;  likewise  attorney  or  attorneys  under 
them,  or  either  of  them  to  set  and  substitute,  and  again  at  pleasure  to  revoke, 
and  generally  to  do,  act,  and  perform  all  other  matters  and  things  in  and  to 
the  premises,  and  every  part  thereof  requisite  and  necessary  as  fully  as  we 
ourselves  might  or  could  do  were  we  personally  present.  And  we  do  hereby 
ratify  and  confirm,  all  and  whatsoever  our  said  attorneys,  or  either  of  them,  or 
their  or  either  of  their  substitutes,  shall  legally  do,  or  procure,  or  cause  to  be 
done,  in  and  touching  the  premises,  or  any  part  thereof; 
In  witness,  &c. 


No.     T. 

A    POWER   OF   ATTORNEY    TO    RECEIVE    A   DEBT. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  have  made,  nominated,  and 
appointed,  and  by  these  presents  do  make,  nominate  and  appoint  C.  D.,  my 
true  and  lawful  attorney,  for  me  and  in  my  name,  and  for  my  use  and  benefit 
to  ask,  demand,  sue  for,  recover,  and  receive  of  and  from  E.  F.,  all  such  sum 
or  sums  of  money,  debts  and  demands  whatsoever,  which  are  now  due  and 
owing  unto  me  tlie  said  A.  B.,  by  and  from  the  said  E.  F.,  and  to  have,  use 
and  take  all  lawful  ways  and  means,  in  my  name  or  otherwise,  for  the  recovery 
thereof  by  attachment,  arrest,  distress,  or  otherwise,  and  to  comp.->und,  arbi- 
trate and  agree  for  the  same ;  and  acquittances  or  other  sufficient  discuarges  for 
the  same,  for  me,  and  in  my  name  to  make,  seal  and  deliver,  and  to  do  all 
lawful  acts  and  things  whatsoever  concerning  the  premises,  as  lully  and  m 
every  respect  as  I  myself  might  or  could  do  were  I  personally  present ;  and 
attorneys,  one  or  more  under  him,  for  the  purposes  aforesaid,  to  make,  and 
ao-ain  at  his  j)leasure  to  revoke,  ratifying  and  confirming,  and  by  these  pre- 


49- 


THE  CLERK'S  ASSISTANT. 


sents  ftllowing  whatsoever  my  said  attorney  shall  in  my  name  lawfully  do,  or 
cause  to  be  done  m  and  about  the  premises,  by  virtue  of  these  presents. 
In  witness,  &:c. 


JXo. 


A    POWER    TO    RECEIVE   A    LEGACY. 


Know  all  men  by  these  presents,  that  wLereas  A.  B.,  late  of  Knox,  de- 
ceased, by  his  last  will  and  testament,  did  gi\X'  and  bequeath  unto  me,  C.  D., 
a  legacy  of  $500,  to  be  paid  unto  me  on . . . . ,  of  which  said  will,  E.  F.  and 
G.  H.,  are  joint  executors,  as  in  and  by  the  said  will  and  the  probate  thereof 
may  appear.  Now  know  ye,  that  I  the  said  C.  D.,  have  made,  ordained,  con- 
stituted and  appointed  J.  K.,  my  true  and  lawful  attorney,  for  me,  and  in  my 
name,  and  for  my  use  and  benefit,  to  ask,  demand,  and  receive  of  and  from 
^e  said  E.  F.  and  G-.  H.,  the  legacy  given  and  bequeathed  unto  me  the  said 
0.  D.,  by  the  said  will  of  the  said  A.  B.  as  aforesaid  :  and  upon  receipt  thereof 
by,  or  payment  thereof  to  my  said  attorney,  a  general  release  or  discharge  for 
the  same  to  make,  execute  and  deliver ;  hereby  ratifying,  confirming  and  allow- 
ing whatsoever  my  said  attorney  shall  lawfully  do  in  the  premises. 

In  witness,  &c. 


A   POWER   TO    RECEIVE    THE    RENTS   OF    AN   ESTATE. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  have  made,  constituted  and 
appointed,  and  by  these  presents  do  make,  constitute,  and  appoint  C.  D.,  my 
true  and  lawful  attorney,  for  me,  and  in  my  name,  and  for  my  use  to  ask.  de- 
mand, and  receive  all  such  rents,  and  arrears  of  rent,  whic'.i  now  are,  or  here- 
after shall  grow  due  or  owing  to  me  from  E.  F.,  G-.  H.,  I.  K.,  or  any  of  them, 
as  tenants  or  occupiers  of  any  lands,  tenements,  or  hereditaments  belonging 
to,  or  claimed  by  me,  situate  at or  which  may  be  due  fi-om,  or  pay- 
able by  any  other  person  or  persons  whomsoever,  as  tenants,  occupiers,  or 
lessees  or  assignees  of  any  term  or  terms  of  such  lands,  tenements,  or  heredit- 
aments, or  any  of  them,  or  any  part  or  parcel  of  them ;  and  upon  receipt 
thereof  to  give  proper  acquittances,  and  suflicient  discharges  thereof;  and  in 
default  of  payment  thereof,  or  any  part  thereof,  to  my  said  attorney,  I  do 
hereby  authorize  and  empower  him  my  said  attorney,  for  me,  and  in  my  name 
into  and  upon  the  said  messuages  and  premises  to  epter  and  distrain,  and  the 
distress  and  distresses  there  found  and  taken,  to  dispose  of  according  to  law, 
for  the  speedy  recovering  and  obtaining  my  said  rent,  and  arrears  of  rent;  or 
otherwise  to  proceed  by  a  suit,  or  suits  at  law,  for  the  recover}'  thereof,  as  by 
liim  my  said  attorney  shall  be  thought  fit ;  hereby  ratifying,  &c. 


JSo.    lO. 

POWER  OF  ATTORNEY  FROM  SEVERAL  CREDITORS  OF  A  PERSON  DECEASED,  TO  BRING 
ACTIONS,  ETC.,  AND  AN  APPOINTMENT  OF  A  CASHIER  FOR  RAISING  AND  PAYING 
MONEY    TO    DEFRAY   THE    EXPENSES. 

Whereas,  A.  B.,  late  of,  &c.,  deceased,  died  indebted  to  us  whose  names  are 
hereunder  subscribed,  and  to  several  other  persons,  by  bond,  bill,  note,  or 
otherwise;  know  all  men  by  these  presents,  that  we  the  said  creditors  dc 
hereby  authorize,  order,  appoint,  and  empower  I.  T.,  of,  &c.,  to  be  our  attorney, 
agent,  and  lawful  solicitor,  and  for  us,  end  in  our  names,  and  on  our  behalf,  to 


POWER  OF  ATTORXEY.  495 

exliibit  or  prosecute  one  or  more  bills  in  the  Court  of  Chancery,  against  such 
person  or  persons  as  he  shall  be  advised,  for  an  equitable  discovery  and  account 
of  the  estute  and  effects  of  the  said  A.  B.,  which  is,  or  are,  or  shall  or  may  be 
liable  to  the  payment  of  our  said  debts;  and  also  in  our  name,  and  on  our 
behalf,  to  commence  or  prosecute  any  action  or  actions,  suit  or  suits,  in  law  or 
equity,  or  otherwise,  as  he,  the  said  I.  T.,  shall  be  advised,  against  any  person 
or  persons  whomsoever,  who  hath  or  have  possessed,  or  shall  possess  himself 
or  themselves,  of  such  estate  and  effects  of  the  said  A.  B.,  in  order  to  the 
recovery  of  the  said  debts :  for  the  doing  of  which  this  shall  be  a  sufficient 
warrant  to  the  said  I.  T.  And  in  order  for  the  cairying  on,  and  effectually 
prosecuting  such  suit  or  suits,  action  or  actions,  we  the  said  creditors  do  hereby 
nominate,  constitute,  and  appoint  W.  W.,  of,  &c.,  one  of  the  said  creditors, 
cashier  in  that  behalf,  and  do  hereby  also  promise  and  agree  to  and  with  the 
said  W.  W.,  that  on  his  giving  ten  days'  notice  in  writing  to  each  of  us,  we 
will  from  time  to  time,  advance,  pay,  and  contribute  to  the  said  W.  W.,  each  of 
us  in  proportion  to  the  amount  of  our  respective  demand,  such  sum  and  sums 
of  money,  at  such  times  and  places  as  he  shall  by  such  notice  in  writing 
appoint,  as  may  be  necessary  for  defraying  all  lawful  and  reasonable  costs  and 
charges  of  such  suit  or  suits,  action  or  actions,  or  which  may  arise  by  reason 
of  the  premises. 
In  witness,  &c. 


A  POWER   TO   LEASE   OR   SELL   LANDS. 

Know  all  men  by  these  presents,  that  whereas  I,  A.  B,,  am  seised  in  fee  ot 
and  in  all  that.  . .  .situate  ...  .or  now  or  late  in  the  possession  or  occupation 
of.  .  .Now  know  ye,  that  I.  the  said  A.  B.,  have  made,  con.stituted,  and  ap- 
pointed, and  by  these  presents  do  make,  constitute,  and  appoint  C.  D.,  of . . . . 
my  true  and  lawful  attorney,  for  me,  and  in  my  name,  to  lease  the  said ....  to 
such  person  or  persons,  and  for  such  a  term  or  number  of  years,  or  for  life  or 
lives,  and  at  and  under  such  yearly  and  other  rents  as  he  shall  think  fit :  or 
otherwise  to  sell  and  dispose  of  the  same  absolutely  in  fee  simple,  for  such 
price  or  sum  of  money,  and  to  such  person  or  persons  as  he  shall  think  fit  and 
convenient :  and  also  for  me,  and  in  my  name,  and  as  my  act  and  deed,  to 
sign,  seal,  execute,  and  deliver  such  deeds  and  conveyances,  for  the  leasing  or 
the  absolute  sale  and  disposal  thereof,  or  of  any  part  thereof,  with  such  clauses, 
covenants,  and  agreements  to  be  therein  contained,  as  my  said  attorney  shall 
think  fit  and  expedient;  hereby  ratifying  and  confirming  all  such  leases,  deeds, 
conveyances,  bargains,  and  sales,  which  shall  at  any  time  hereafter  be  made 
by  my  said  attorney,  touching  or  concerning  the  premises,  &c. 


JS<y.    la. 

POWER   TO   TAKE   POSSESSION   OF   LANDS   AND    TO   SELL   THEM. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  have  made,  authorized* 
nominated,  and  appointed,  and  by  these  presents  do  make,  authorize,  nomi- 
nate, and  appoint  C.  D.,  my  attorney  for  me  and  in  my  name,  and  to  my  use, 
to  enter  into,  and  take  possession  of  all  such  messuages,  lands,  tenements, 
hereditaments,  and  real  estate  whatsoever,  in  the  State  of  New  York,  whereof 
I  now  am,  or  hereafter  may  be  by  any  ways  or  means  howsoever,  entitled  or 
interested  in,  either  in  severalty  or  jointly,  or  in  common  with  any  other  per- 
son or  persons. 


496  THE  CLERK'S  ASSISTANT. 

And  also  for  me,  and  in  my  name,  to  grant,  bargain,  and  sell  the  sam* 
messuages,  lands,  tenements,  and  hereditaments,  or  any  part,  share,  and  pro- 
portion thereof,  and  all  such  right,  title,  interest,  claim,  and  demand,  both  in 
law  and  equity,  as  I  may  have  in  the  same,  for  such  sum  and  price,  and  on 
such  terms  as  to  him  shall  seem  meet,  and  for  me,  and  in  my  name  to  make, 
execute,  and  deliver  good  and  sufficient  deeds  and  conveyances  for  the  same, 
and  every  part  thereof,  either  with  or  without  covenants  and  warranty. 

And  until  the  sale  thereof,  for  me,  and  in  my  name,  and  for  my  use,  to  let 
and  demise  the  same  real  estate,  or  any  part  or  parts  thereof,  for  the  best  rent 
that  can  be  gotten  for  the  same. 

And  also  for  me  and  in  my  name,  and  to  my  use  to  ask,  demand,  recover, 
and  receive  all  sums  of  money  which  shall  become  due,  owing,  or  payable  to 
me  by  means  of  any  such  bargain,  sale,  or  lease.  And  to  have,  use,  and  take 
all  lawful  ways  and  means  for  the  recovery  thereof  by  attachment,  arrest,  dis- 
tress, or  otherwise,  and  to  compound,  arbitrate,  and  agree  for  the  same,  and 
acquittances  or  other  sufficient  discharges  for  the  same  for  me  and  in  my  name, 
to  make,  seol,  and  deliver,  and  generally  to  do,  execute,  and  perform  every- 
thing that  may  be  necessary  in  and  about  the  premises,  as  fully  in  every 
respect  as  I  myself  might  or  could  do,  if  I  was  personally  present. 

And  an  attorney  or  attorneys  under  him  for  all  or  any  of  the  purposes  afore- 
said to  make  and  substitute,  and  again  at  pleasure  to  revoke.  And  I  hereby 
ratify,  allow,  and  confirm  all,  and  whatsoever  my  said  attorney  shall  do  or 
cause  to  be  done,  in  and  about  the  premises  by  virtue  of  these  presents. 

In  witness,  &c. 


I«fo.    13. 

REVOCATION    OF    A    POWER    OF   ATTORNEY. 

Know  all  men  by  these  presents  :  That  whereas,  I,  A.  B.,  did,  in  and  by  my 
letter  of  attorney,  dated  May  6,  1859,  constitute  and  appoint  C.  D.,  my  true 
and  lawful  attorney,  for  me  and  in  my  name  to  (here  insert  the  power  given 
in  the  original  letter  of  attorney)  as  by  the  said  letter  of  attorney  appears : 
Now,  therefore,  I,  the  said  A.  B.,  by  these  present?  do  hereby  revoke,  counter- 
mand, annul,  and  make  void,  the  said  letter  of  attovoey.  dated  May  6,  1859, 
and  all  power  therein  and  thereby,  or  in  any  manri*^  p-v^n  or  intended  to  be 
given  the  said  C.  D. 

In  witness.  &c. 


CHAPTER  XXXVI. 

RECEIPT  AND    RELEASE. 

A  receii^t  is  a  written  acknowledgment  that  the  party  who  signs 
the  same  has  received  from  the. person  expressed  in  the  body  of 
the  receipt  the  amount  of  money  or  thing  specified  therein.  It 
is  merely  prima  facie  evidence  of  the  matters  therein  expressed 
and  liable  to  be  explained  in  its  details,  or  contradicted  by  satis- 
factory proof,  showing  that  it  was  given  through  ignorance  either 
of  law  or  of  the  facts  therein  expressed ;  or  that  it  was  obtained 
by  force  or  fraud. 

A  receipt*contains  sometimes  in  connection  with  the  acknow- 
ledgment of  having  received  something,  an  agreement  to  do  or 
not  to  do  some  act,  and  although  so  far  as  that  portion  of  the 
instrument  having  reference  to  the  receipt  may  be  explained 
away  or  contradicted ;  yet  so  far  as  the  agreement  is  concerned 
it  cannot  be  contradicted.  As  for  instance  in  a  bill  of  lading, 
the  recital,  as  that  the  goods  were  received  in  good  order  and 
well  conditioned,  may  be  contradicted,  while  the  agreement  to 
deliver  at  a  particular  time  and  place  cannot  be  explained 
away. 

Releases  are  of  two  kinds :  1st,  such  as  give  up,  abandon,  or 
discharge  a  right  of  action ;  and  2d,  such  as  convey  the  interest, 
which  the  party  executing  the  same  may  have  in  anything  or 
real  estate  to  the  party  in  possession.  A  release  of  personal  mat- 
ters need  not  be  under  seal,  bnt  the  advantage  of  the  seal  is  that 
the  sealing  imports  a  consideration. 

A  release  of  one  of  several  joint,  or  joint  and  several  obligors 
will  discharge  all,  unless  the  release  specify  in  terms  in  accord- 
ance with  the  provisions  of  the  statute,  that  the  release  is  to  ope- 
rate only  for  the  benefit  of  the  individual  therein  specified. 
63 


FORMS 


Ifo.    1, 

A   GENERAL    RECEIPT. 
$500. 

Albany,  July  11,  1860.     Received  of  0.  P.  the  sum  of  five  hundred  dollaib, 
in  full  of  all  demands  against  him. 

A.  B. 


JVo.    S. 

FOR   A   quarter's   RENT. 

New  York,  July  11,  1860.  Received  ofO.  P.  one  hundred  and  fifty 
dollars,  being  one  quarter's  rent,  due  this  day,  for  my  dwelWng  house  and 
pstatf.  No.  15  Dey  street,  now  occupied  by  said  0.  P. 

'  A.  B. 


JVo.    3. 

FOR  MONEY  PAID  BY  ANOTHER  PERSON. 

Troy,  July  11, 1860.     Received  of  0.  P.,  by  the  hands  of  Y.  Z.,  three  hundred 
dollars  'in  full  payment  for  a  chaise  by  me  sold  and  delivered  to  the  said  0.  P. 

A.  B. 


FOR    MONEY    RECEIVED    FOR    ANOTHER. 


$700.  ,       ,     ,  ,  „        ... 

Boston,  July  11,  1860.     Received  of  0.  P.  seven  hundred  dollars,  it  being 
for  the  balance  of  account  due  from  said  0.  P.  to  Y.  Z. 

A.  B. 


Pf  o  .  5. 

IN  PART  OF  A  BOND, 


$3000.  _  _   , 

New  York  July  11,  1800.  Received  of  B.  P.  the  sum  of  three  thousand 
dollars,  being  a  part  of  the  sum  of  five  thousand  dollars  due  from  said  B.  P. 
to  me  on  the  10th  day  of  July,  1860. 

A.  B. 


RECEIPT  AND  RELEASE.  499 


FOE    INTEEEST    DUE    ON    A    BOND. 

$700. 

New  Fork  July  11,  1860.  Received  of  B.  P.  seven  hundred  dollars,  due 
this  day  from  him  to  me  as  the  annual  interest  on  a  bond,  {,nven  by  said  0.  P. 
to  me  on  the  1st  of  July,  1858,  for  the  payment  to  me  of  ten  thousand  dollars 
in  three  years,  with  interest  annually. 

A.  B. 


No.  •y. 

RECEIPT   ON   ACCOUNT. 


$60. 

Albany,  July  8,  1860.     Eeceived  of  A  B.  sixty  dollars  on  account. 

C.  D. 


Wo.   8. 

A   GENERAL   RELEASE   OF   ALL    DEMANDS. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  for  and  in  consideration  ol 
the  sum  of  $50  to  me  paid  by  C.  D.  (the  receipt  whereof  I  do  hereby 
acknowledge),  have  remised,  released,  and  forever  discharged,  and  I  do  hereby, 
for  myself,  my  heirs,  executors,  administrators,  and  assigns,  remise,  release, 
and  forever  discharge,  the  said  C.  D.,  his  heirs,  executors,  and  administrators, 
of  and  from  all  debts,  demands,  actions,  and  causes  of  action,  which  I  now 
have,  or  which  may  result  from  the  existing  state  of  things  from  any  and  all 
contracts,  liabilities,  doings,  and  omissions,  from  the  beginning  of  the  world  to 
this  day. 

In  testimony  whereof,  &a 


ISo.    9 

A   MUTUAL   GENERAL   RELEASE   BT  INDENTURE. 

This  indenture,  made  this  10th  day  of  July,  1860,  between  A.  B.,  of  the 
one  part,  and  C.  D.,  of  the  other  part,  witnesses,  that  on  the  day  of  the  date 
hereof,  the  said  A.  B.  and  C.  D.,  have  each  paid  to  the  other  the  sum  of  $5 ; 
and  each  of  them  has  canceled  and  delivered  up  to  the  other  certain  covenants, 
bonds,  notes  and  written  contracts,  upon  which  each  of  the  parties  claimed, 
and  pretended  to  have  divers  claims  and  demands  on  the  other;  the  said 
claims  and  contracts,  so  canceled  and  delivered  up,  being  supposed  and  intend- 
ed to  be  all  the  claims  and  evidence  of  claim  by  each  of  the  parties  hereto  on 
the  other.  And  in  consideration  thereof,  each  of  them,  the  said  A.  B.  and  C. 
D.,  does  hereby,  for  himself  and  his  legal  representatives,  release,  and  abso- 
lutely and  forever  discharge  the  other,  of  and  from  all  claims  and  demands, 
actions,  causes  of  action,  of  every  name  and  nature,  so  that  neither  of  them 
shall  have  any  claim  on  the  other,  directly  or  indirectly,  on  any  contract,  or 
supposed  liability,  or  thing  undertaken,  done,  or  omitted  to  be  done,  from  the 
beginning  of  the  world  to  this  day. 

In  testimony  whereof,  the  said  parties  have  hereto  interchangeably  set 
their  hands  and  seals  the  day  and  year  first  above  written. 

A.  B.  (l.  s.j 

C.  D.  \L.  S.J 


500  THE  CLERK'S  ASSISTANT. 

3Vo.     lO. 

RELEASE    TO    A    GUARDIAN    BY    A    WARD    ON    HIS    COMING    OF   AGE. 

Know  all  men  by  these  presents,  that  L.  M.,  son  and  heir  of  S.  M.,  deceased, 
hath  remised,  released,  and  forever  quit-claimed,  and  by  these  presents  doth 
remise,  release,  and  forever  quit-claim  unto  I.  H.,  of,  &c.,  his  .gaardian,  all  and 
all  manner  of  actions,  suits,  reckonings,  accounts,  debts,  dues,  and  demands 
whatsoever,  which  he  the  said  L.  M.,  ever  had,  now  hath,  or  which  he,  his 
executors,  or  administrators,  at  any  time  hereafter,  can  or  may  have,  claim,  or 
demand  against  the  said  I.  H.,  his  executors,  or  administrators,  for,  touching 
or  concerning  the  management  and  disposition  of  any  of  the  lands,  tenements, 
or  hereditaments  of  the  said  L.  M.,  situate,  &c.,  or  any  part  thereof,  or  for  or 
by  reason  of  any  money,  rents,  or  other  profits  by  him  received  out  of  the 
same,  or  any  payments  made  thereof,  during  the  minority  of  the  said  L.  M., 
or  by  reason  of  any  matter,  cause,  or  thing  whatsoever,  from  the  beginning 
of  the  world  to  the  day  of  the  date  hereof. 

In  witness,  &c. 

Pfo.    IX 

release  of  land  from  a  judgment. 
Supreme  Court,  Albany  County. 

: — ^S  \       Judgment  for  recovery, $600  00 

«/  (       Cost's, 12  50 

C-  D-  )  $612  50 

Roll  filed  and  judgment  docketed,  January  10,  1860,  in  the  Albany  County 
Clerk's  Office. 

In  consideration  of  $5  to  me  in  hand  paid,  I  do  hereby  remise,  release  and 
discharge  the  following  described  land  and  premises  (insert  description)  from 
all  claim  to,  or  interest  in  the  same,  or  any  part  thereof  which  I  may  have  by 
virtue  of  the  above  mentioned  judgment,  and  from  all  lien  or  incumbrance 
that  has  attached  to  the  same  by  reason  of  said  judgment. 

Witness  my  hand  and  seal  this  July  11,  1860. 

^  A.  B.  [l.  s.] 


ISO.     X». 

RELEASE    OF    PART    OF    MORTGAGED    PREMISES. 

This  indenture,  made  this  11th  day  of  July,  in  the  year  1860,  between  A. 
B.  of  the  first  part,  and  C.  D.  of  the  second  part :  Whereas,  N.  P.  by  inden- 
ture of  mortgage,  bearing  date  the  6lh  day  of  June,  1859,  for  the  considera- 
tion therein  mentioned,  and  to  secure  the  payment  of  the  money  therein  speci- 
fied, did  convey  certain  lands  and  tenements,  of  which  the  lands  hereinafter 
described  are  pait,  unto  the  said  A.  B.  And  whereas  the  said  party  of  the 
first  part,  at  the  request  of  the  said  party  of  the  second  part,  has  agreed  to 
five  up  and  surrender  the  lands  heremafter  described,  unto  the  said  party  of 
the  second  part,  and  to  hold  and  retain  the  residue  of  the  mortgaged  lands  as 
security  for  the  money  remaining  due  on  the  said  mortgage :  Now  this  inden- 
ture witnesseth,  that  tlie  said  party  of  the  first  part,  in  pursuance  of  the  said 
agreement,  and  in  consideration  of  $50  to  him  duly  paid  at  the  time  of  the 
ensealing  and  delivery  of  these  presents,  the  receipt  whereof  is  hereby 
acknowledged,  has  granted,  released,  quit-claimed,  and  set  over,  and  by  these 
presents  does  grant,  release,  quit-claim,  und  set  over,  unto  the  said  party  of  the 


RECEIPT   AXD  RELEASE.  501 

second  part,  all  that  part  of  the  said  mortgaged  lands  (describe  the  part  re- 
leased), together  with  the  hereditaments  and  appurtenances  thereto  belong- 
ing; and  all  the  right,  title,  and  interest  of  the  said  party  of  the  first -part,  of, 
in,  and  to  the  same,  to  the  intent  that  the  lands  hereby  conveyed  may  be  dis- 
charged from  the  said  mortgage,  and  that  the  rest  of  the  lands  in  the  said 
mortgage  specified  may  remain  to  the  said  party  of  the  first  part,  as  hereto- 
fore. To  have  and  to  hold  the  lands  and  premises  hereby  released  and  con- 
veyed, to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  his  and 
their  only  proper  use,  benefit,  and  behoof,  forever,  free,  clear,  and  discharged 
of  and  from  all  lien  and  claim,  under  and  by  virtue  of  the  indenture  of  mort- 
gage aforesaid. 

In  witness  whereof,  &r. 


Ifo.    13. 

RELEASE  OF   ONE   OF   A   PARTNERSHIP. 

Whereas,  A.  B.  and  C.  D.  are  jointly  and  "severally  indebted  to  me  E.  F., 
in  the  sum  of  $600,  which  indebtedness  accrued  while  the  said  A.  B.  and  C. 
D.  were  carrymg  on  business  as  copartners,  under  the  firm  name  of  B.  and  D.  • 
Now  in  consideration  of  $50  to  me  in  hand  paid  by  C.  D.,  I  hereby  remise 
and  release  the  said  C.  D.  from  all  and  every  individual  liability  to  me  incur- 
red by  reason  of  such  connection  with  such  copartnership  firm. 

Witness  my  liand  and  seal  this  July  11   1860. 

E.  F.  {u  8.1 


CHAPTER  XXXVII.    • 

SCHOOLS. 

The  Supeiiiitendent  of  Public  Instruction  is  chosen  by  joint 
ballot  of  the  Senate  and  Assembly,  and  holds  his  office  for  the 
period  of  three  years.  It  is  his  duty  to  visit  as  often  as  may  be 
practicable  so  many  of  the  common  schools,  academies  and  other 
literary  institutions  as  he  may  deem  expedient,  to  grant  certifi- 
cates of  qualification  to  teachers,  to  apportion  the  school  moneys 
among  the  dilferent  school  districts,  to  hear  and  decide  appeals 
from  the  decision  of  School  Commissioners,  and  to  superintend 
the  various  common  school  interests  throughout  the  State. 

A  School  Commissioner  for  each  Assembly  District  is  elected 
once  in  three  years ;  and  it  is  his  duty  to  visit  and  examine  all 
the  schools  and  school  districts  committed  to  his  charge,  as  often 
as  practicable,  to  inquire  into  all  matters  relating  to  the  manage- 
ment of  the  schools,  to  advise  and  counsel  the  officers  of  the 
school  districts  in  regard  to  school  matters,  to  examine  teach- 
ers and  grant  them  certificates,  and  annual  certificates  when 
granted  by  himself  or  his  predecessor  in  his  discretion,  to 
organize  teachers'  institutes,  to  perform  all  the  duties  and  require- 
ments imposed  upon  the  late  Town  Superintendents ;  and  gene- 
rally by  all  means  in  his  power  to  promote  sound  education,  ele- 
vate the  character  and  qualification  of  teacliers,  improve  the 
means  of  instruction  and  advance  the  interests  of  the  schools  com- 
mitted to  his  charge. 

Every  district  in  this  State  in  which  a  school  shall  have  been 
taught  by  a  qualified  teacher  for  the  time  of  2S  weeks,  or  by 
successive  teachers  whose  periods  of  actual  instruction  amount  in 
the  aggregate  to  28  weeks,  and  no  other  shall  be  enumerated 
for  the  purpose  of  distribution  of  so  much  of  the  school  money 


SCHOOLS.  503 

(to  wit,  one- third  of  the  moneys  appropriated  for  the  support  of 
district  schools),  as  shall  be  equally  divided  among  the  districts. 
One-third  of  the  moneys  appropriated  to  the  district  schools,  is 
divided  in  the  following  manner:  To  each  separate  neighborhood 
belonging  to  a  school  district  in  some  adjoining  State,  there  shall 
be  appointed  and  paid  a  sum  of  money  equal  to  thirty -three  cents 
for  each  child  in  such  neighborhood  (between  the  ages  of  four 
and  twenty-one);  but  the  sum  so  apportioned  and  paid  to  any 
such  neighborhood,  shall  in  no  case  exceed  the  sum  of  twenty-four 
dollars ;  and  the  residue  of  such  one-third  shall  be  apportioned 
and  divided  equally  among  the  school  districts.  The  remaining 
two-thirds  is  apportioned  and  divided  among  the  several  counties 
according  to  population,  as  the  same  appears  from  the  last  pre- 
ceding census,  and  this  is  divided  and  appropriated  among  the 
several  school  districts,  in  proportion  to  the  number  of  children 
in  each  (between  the  ages  of  four  and  twenty-one),  as  the  same 
shall  appear  from  the  report  of  the  Trustees  of  the  last  preced- 
ing year. 

The  sum  annually  to  be  distributed  for  the  encouragement  of 
common  schools,  is  to  be  paid  on  the  first  day  of  February,  in 
each  year  to  the  Treasurers  of  the  several  counties,  and  the 
Treasurers  are  to  give  notice  to  the  Supervisors  of  the  several 
towns  that  they  hold  the  same  subject  to  their  order,  but  such 
money  is  not  to  be  paid  over  until  such  Supervisor  has  given  a 
bond  with  two  or  more  sufficient  sureties  for  the  safe  keeping 
and  accounting  of  all  moneys  that  may  come  into  his  hands  from 
any  source. 

The  .several  school  districts  of  the  State  are  annually  to  ap- 
point officers,  to  vote  whatever  taxes  may  be  necessary  for  school 
purposes.  The  officers  are  a  clerk,  one  or  three  Trustees,  a  dis- 
trict collector,  and  a  librarian. 

When  a  district  by  vote  determine  to  have  but  one  Trustee, 
he  shall  bi'  elected  annually,  otherwise  one  is  to  be  elected  each 
year  to  hold  for  three  years.  The  clerk,  librarian  and  collector 
are  to  be  chosen  annually. 

It  is  the  duty  of  the  Clerk  to  record  the  proceedings  of  his 
district,  and  copies  of  all  reports  of  the  trustees,  to  give  notice  of 
all  annual,  special  an<l  adjourned  meetings,  and  to  keep  and  pre- 
serve all  records,  books  and  papers  belonging  to  his  office,  and  to 


504  THE  CLERK'S  ASSISTANT. 

deliver  the  same  to  ]iis  successor  in  oflfice ;  and  to  give  notice  of 
their  election  to  such  persons  as  may  be  elected  to  any  school 
office  in  the  district. 

The  trustees  are  to  have  the  custody  and  safe  keeping  of  the 
school  house ;  to  purchase  or  lease  a  site  and  erect  a  school  house 
under  the  direction  of  the  vote  of  the  district;  to  employ  all 
teachers,  and  see  that  they  are  paid,  by  giving  orders  on  the 
Supervisor  for  so  much  of  the  public  money  as  the  teacher  is 
entitled  to ;  to  examine  the  school  list  as  to  the  attendance  of 
pupils,  exempt  such  and  so  many  as  are  unable  to  pay ;  to  make 
out  a  rate  bill,  annex  their  warrant,  and  give  to  the  Collector  to 
collect  the  same ;  to  make  out  a  tax  list  of  eveiy  district  tax 
voted  at  any  meeting  of  the  district,  annex  their  warrant  thereto 
and  deliver  the  same  to  the  Collector ;  and,  in  the  absence  or  inabil- 
ity of  the  Clerk,  to  call  annual,  special  or  adjourned  meetings. 

Whenever  a  tax  has  been  voted  at  a  district  meeting,  the  tax 
shall  be  assessed  and  the  tax  list  therefor  be  made  out  by  the 
trustees,  and  a  proper  warrant  attached  thereto  within  thirty  days 
after  the  meeting  at  which  the  tax  was  voted.  The  valuations 
of  taxable  property  shall  be  ascertained,  so  far  as  possible,  from 
the  last  assessment  roll  of  the  town. 

After  the  expiration  of  the  said  thirty  days,  the  Trustees  are 
to  deliver  the  list  and  warrant  to  the  Collector  of  the  district, 
who  upon  receiving  his  warrant,  for  two  successive  weeks,  shall 
receive  such  taxes  as  may  be  voluntarily  paid  to  him,  and  in  case 
the  whole  amount  shall  not  be  so  paid  in,  he  shall  proceed  and 
collect  the  same.  The  Collector  is  entitled  to  receive  for  his  ser- 
vices on  all  sums  paid  in  as  aforesaid,  one  per  cent,  and  ijpon  all 
sums  collected  by  him  after  that  time,  five  per  cent,  and  in  case 
of  levy  and  sale,  he  is  entitled  to  traveling  fees  at  the  rate  of  six 
cents  per  mile,  to  be  computed  from  the  school  house  in  such 
district. 

The  Collector,  before  receiving  any  warrant  for  the  collection 
of  money,  shall  execute  a  bond  to  the  Trustees,  with  one  or  more 
sureties  to  be  approved  by  such  Trustees,  in  double  the  amount 
of  taxes  to  be  collected,  conditioned  for  the  due  and  faithful 
execution  of  the  duties  of  his  office.  He  is  to  keep  the  money 
collected  by  virtue  of  the  warrant,  and  pay  them  out  upon  the 
order  of  a  majority  of  the  Trustees,  and  to  hand  over  to  his  sue- 


SCHOOLS.  •  505 

cesser  in  office  all  moneys  remaining  in  his  hands  belonging  to 
the  district,  and  to  report  in  writing  at  the  annual  meeting  in 
regard  to  all  moneys  collected  and  paid  over  by  him. 

The  Trustees  are  to  make  and  file  with  the  Town  Clerk  an 
annual  report  specifying  tlie  time  a  school  has  been  kept,  and 
what  part  has  been  kept  by  a  qualified  teacher ;  the  amount  of 
moneys  received  from  the  Supervisor  during  such  year  and  how 
expended;  the  number  of  children  taught,  and  the  number  of 
children  residing  in  the  district  on  the  last  day  of  December  pre- 
vious to  such  report,  between  the  ages  of  four  and  twenty-one, 
and  with  whom  they  severally  reside ;  the  amount  of  money  paid 
for  teacher's  wages,  in  addition  to  the  public  money  paid  therefor, 
the  amount  of  taxes  levied,  and  such  other  information  in  rela- 
tion to  the  schools  as  the  Superintendent  of  Public  Instruction 
may  from  time  to  time  require. 

In  case  of  vacancy  in  the  office  of  Clerk,  Collector  or  Libra- 
rian, such  vacancy  is  to  be  supplied  by  appointment  under  the 
hands  of  the  Trustees  of  the  district  or  a  majority  of  them,  and 
the  person  so  appointed  shall  hold  till  the  next  annual  meeting. 

In  case  of  vacancy  in  the  office  of  Trustees  and  the  vacancy  is 
not  supplied  by  a  district  meeting  in  one  month  thereafter,  the 
Supervisor  of  the  town  may  appoint  a  person  residing  in  the 
district  to  fill  such  vacancy,  and  the  person  so  appointed  shall 
hold  his  office  till  the  next  annual  meeting. 

Any  person  conceiving  himself  aggrieved  in  consequence  of 
any  decision  made  by  any  school  district  meeting,  or  by  the 
School  Commissioners,  or  by  the  Trustees  of  any  district  con- 
cerning any  matter  having  reference  to  school  matters,  may 
appeal  to  the  Superintendent  of  Public  Instruction,  and  his  deci 
sion  thereon  shall  be  final  and  conclusive. 

64 


FORMS. 


NOTICE    OF    DISTRICT    SCHOOL    MEETING. 

Notice  is  hereby  given,  that  a  special  (or  an  annual  or  adjourned)  meeting 
of  the  freeholders  and  inhabitants  of  this  school  district,  authorized  by  law  to 

vote   therein,  will    be  held  at ,   on  the next   {or  instant),  at  8 

o'clock  in  the  afternoon  (for  the  election  of  officers  and  doing  other  necessary 
business). 

Dated  at  school  district  number ,  in  the  town  of ,  this 

day  of ,  A.  D.,  18.. 

A.  B.,  District  Cleric. 


ISO.    3. 

MINUTES   OF   A   DISTRICT   MEETING. 

At  a  meeting  of  the  freeholders  and  inhabitants  of  district  No.  1,  in  the 
town  of  Knox,  held  at  the  school  house,  in  pursuance  of  notice  to  all  the  tax- 
able inhabitants  of  said  district,  on  the day  of ,  A.  B.,  was  chosen 

moderator,  and  C.  D.  was  present  as  district  clerk  {or,  E.  F.  was  appointed 
clerk  pro  tem).  The  written  consent  of  the  Supervisor  of  said  town  having 
been  read,  stating  that  in  his  opinion  the  removal  of  the  site  of  the  school 
house  in  said  district  is  necessary  :  And  the  subject  having  been  submitted 
to  the  meeting,  and  the  question  taken  by  ayes  and  noes,  it  was  carried  {or 
lost),  two-thirds  of  all  those  present  at  such  special  meeting  having  {or  not,  as 
the  case  may  be),  voted  for  such  removal,  and  in  favor  of  such  new  site : 
Those  who  voted  in  the  affirmative  were  ^Iv.  M.,  ^Ir.  B.,  Mr.  C.  and  Mr.  H.  ; 
those  who  voted  in  the  negative,  were  Mr.  0.  and  Mr.  B. 

Ayes  4.     Noes  2.  L.  M.,   Clerk. 


ISO.    3. 

CONSENT   OF   SUPERVISOR   THAT   SCHOOL  HOUSE   BE   REMOVED. 

Knox,  May  10th,  1860. 
I,  A.  C,  Supervisor  of  the  town  of  Knox,  hereby  consent  that  the  site  of 
the  school  house  of  the  district  No.  5,  in  the  town  of  Knox,  may  be  changed 
to  a  place  not  exceeding  one  mile  from  its  present  location,  providing  the  re- 
quisite number  of  persons  so  direct  at  a  meeting  of  the  voters  of  said  district. 

A.  C,  Supervisor. 


SCHOOLS.  507 


COXSTITUTIONAL    OATH    OF    SCHOOL    COMMISSIONER. 

Albany  County,  ss.  I,  E.  V.,  of  the  town  of  Bern  in  said  county,  having 
been  elected  School  Commissioner  for  Assembly  District  No.  2  in  said  county, 
being  duly  sworn,  do  depose  and  say,  that  I  will  support  the  Constitution  of 
the  United  States,  the  Constitution  of  the  State  of  New  York,  and  will  perform 
the  duties  of  School  Commissioner  for  the  Second  Assembly  district  of  the 
county  of  Albany. 

SAvorr,  &c.  "  K  V. 


IS  f».    s . 

APPLICATION    OF    TRUSTEES     THAT    SUPERVISOR   AND     TOWN    CLERK     BE    ASSOCIATED 
WITH    SCHOOL    COMMISSIONER   IN    ALTERING   A   DISTRICT. 

Whereas,  application  has  been  made  to  the  School  Commissioner  for  the 
alteration  of  school  district  No.  3  (or  for  the  erection  of  a  new  school  district), 
in  the  town  of  Bern,  and  which  if  done  will  alter  district  No.  4  in  said  town, 
the  undersigned  trustees  of  district  No.  4,  hereby  ask  that  the  Supervisor  and 
town  clerk  of  the  town  of  Bern  be  associated  with  the  School  Commissioner 
in  his  action  in  regard  to  such  alteration. 

Bern,  May  12th,  1860.  M.  M., 

N.  N., 
P.  P., 
Trustees  of  School  No.  4. 


IVo.    6. 

ORDER   ALTERING   TWO    SCHOOL    DISTRICTS. 

It  is  hereby  ordered  by  the  School  Commissioner  of  the  Second  Assembly 
District  of  the  county  of  Albany  (and  the  Supervisor  and  Town  Clerk  of  the 
town  of  Bern),  that*  school  district  No.  3  in  said  town  be  enlarged  by  adding 
thereto  the  following  described  farms  to  be  taken  from  district  No.  4  in  said 
town  said  farms  are  described  as  follows  (give  description). 
Witness  ray  (or  our)  hands  this  May  15th,  1860,  at  Bern. 

•  E.  v.,  School  Commissioner, 

(M.  B.,  Supervisor. 
T.  C,  Town  Clerk) 


ISO.    <7. 

CONSENT   OF   TRUSTEES    TO   ALTERATION   OF   DISTRICT    INDORSED   ON   THE   ORDER. 

We  hereby  consent  to  the  alteration  of  school  district  No.  4  as  defined  in 
the  within  order. 
Bern,  May,  16th,  1860.  M.  M,, 

N.  N., 
P.  P., 
JVustees. 


508  THE  CLERK'S  ASSISTANT. 

jV  o  .     8  . 

NOTICE  WHERE  TRUSTEES  DO  NOT  CONSENT  TO  ALTERATION  INDORSED  ON  COPY  ORDEF 

Gents : 

Take  notice  of  an  order  altering  school  district  No.  4,  of  which  the  within 
is  a  copy  and  which  alteration  will  take  effect  in  three  months  from  the  service 
of  this  notice  unless  you  give  your  consent  that  such  alteration  shaU  take 
effect  at  an  earlier  day. 

Yours,  &c., 

E.  v.,  School  Commissioner. 
To  M.  M.,  N.  N.  and  P.  P.,  Esqs., 

Trustees,  d;c. 


No.    9. 

ORDER    ERECTING   A   NEW    DISTRICT. 

(As  in  No.  6  to  the  *  and  then ;) 
A    new  district  to  be  called  district  No.   10,  be  erected  in  the  town  of 
Bern,  said  district  to  embrace  the  following  described  farms  and  territory 
which  are  taken  from  districts  Nos.  3,  4,  and  6,  said  territory  so  set  apart  for 
said  district  No.  10  is  described  as  follows  :  (description.) 

Witness  (our  or)  my  hand  this  May  12,  1860. 

E.  v.,  School  Commissioner. 
(M.  B.,  Supervisor  of  Bern. 
T.  C,  Town  Clerk.) 


No.    XO. 

NOTICE  OF   FIRST   MEETING    IN   A   SCHOOL    DISTRICT    PREFIXED    TO   A   COPY   OF   THE 
ORDER    ERECTING    DISTRICT. 

Notice  is  hereby  given,  to  the  inhabitants  of  the  district  (qualified  to  vote  at 
district  school  meetings)  described  in  the  annexed  order,  that  the  first  district 
meeting  of  said  district  will  be  held  at  the  house  of  B.  Y.,  in  the  town  of 
Bern,  in  said  district,  on  the  26th  day  of  May,  1860,  at  eight  o'clock  in  the 
afternoon,  for  the  purpose  of  electing  district  school  oflBcers,  and  determining 
upon  the  site  for  the  school  house  and  the  amount  of  tax  to  be  raised  to 
build  the  same,  and  to  do  any  other  important  business  necessary  to  be  done 
at  said  meeting. 

E.  v.,  School  Commissioner. 

Bern,  May  13,  1860. 


No.    XX. 

ORDER   DIRECTING   AN   INHABrTANT   OF   DISTRICT   TO   SERVE    NOTICE   OF  MEETING   OF 

SCHOOL    DISTRICT. 

To  N.  G.,  Esq.  • 

Dear  Sn — Please  serve  the  within  notice  of  school  district  meeting  for  dis 
trict  No.  10,  upon  all  the  inhabitants,  legal  voters  in  said  district,  at  least  sii 
days  before  the  day  specified  for  such  meeting. 

E.  v..  School  Commissioner. 

Bern,  May  14,  1860. 


SCHOOLS.  509 

If  o.   X  a. 

NOTICE   OF   SALE   OF   SCHOOL   UOUSE   AND   PROPERTY. 

Take  notice,  that  the  subscriber  will  sell  at  public  auction  at  the  school  house 
of  the  late  school  district  No.  2  (said  school  district  havinf,'  been  annulled) 
the  property  formerly  belonging  to  said  school  district,  being  one  pail,  one 
black-board,  the  school  house  building  (list  of  all  articles),  said  sale  will  take 
place  on  June  1,  1860,  at  ten  o'clock  in  the  forenoon. 

E.  v.,  School  Commissioner. 

Bern,  May  20,  1860. 


JNo.    X3. 

APPORTIONMENT  OF  PROCEEDS  OF  SALE. 


County  of  Albany,  Toiun  of  Bern,  ss.  School  district  No.  2  in  the  town  of 
Bern,  having  been  annulled,  and  the  property  of  said  district  having  been  sold 
by  me  at  public  auction,  and  the  debts  so  far  as  they  could  be  ascertained,  hay- 
ing been  by  me  paid,  and  there  remaining  a  surplus  of  the  proceeds  of  said 
sale  amounting  to  $45,  I  hereby  apportion  such  surplus  among  the  taxable 
inhabitants  of  said  annulled  district,  according  to  law,  as  follows: 

Names  of  persons.  Amount. 

A.  B.;   $2  24 

rj    J) 3  16 

&;c. 

E.  v.,  Schoool  Commissioner. 


IVo.    X4. 

CERTIFICATE   OF    TEACHER   BY   SCHOOL   COMMISSIONER. 

This  is  to  certify,  that  the  bearer  Mr.  {or  Miss)  E.  A.  is  well  qualified  in 
respect  to  moral  character,  learning  and  ability,  to  instruct  a  common  school 
in  Assembly  district  No.  2,  in  the  county  of  Albany. 

E.  v.,  School  Commissioner. 

Bern,  July  16.  1860. 


3Vo.     X5. 

ORDER   ANNULLING    TEACHER'S    CERTinOATE. 

Whereas,  certain  charges  affecting  the  moral  character  of  E.  A.,  a  teacher  in 
school  district  No.  2  of  the  town  of  Bern,  had  been  preferred  against  the  said 
E  A.,  the  said  E.  A.  having  full  notice  and  ample  time  to  meet  sai.l  charges, 
and  shown  the  falsity  of  the  same,  and  the  said  charges  having  been  duly 
proved  to  be  true,  the  certificate  of  qualifications  as  a  school  teacher  formerly 
granted  to  the  said  E.  A.,  is  hereby  annulled  and  set  aside. 

E.  v.,   School  Commissioner. 

Bern,  July  16,  1860. 


510 


THE  CLERK'S  ASSISTANT. 


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SCHOOLS. 


511 


3Vo.  i-y. 

AFFIDAVIT    TO    BE    MADE    BY    A    VOTER   AT    DISTRICT   SCHOOL    MEETING    WHOSE  VOTJ 

IS    CHALLENGED. 

You  do  solemnly  swear  in  the  presence  of  the  ever-living  God  (or  truly  and 
sincerely  affirm)  that  you  are  an  actual  resident  of  this  school  district,  and  are 
qualified  to  vote  at  this  meeting. 


No.    18. 

ORDER    OF    TRUSTEES    FOR   TEACHERS*    WAGES. 

A.  B.,  Supervisor  of  the  town  of  Bern,  please  pay  C.  D.,  a  teacher  duly 
employed  by  us,  and  quahfied  according  to  law,  $G5,  that  being  the  amount 
he  is  entitled  to  receive  out  of  the  moneys  in  your  hands  apportioned  for  the 
payment  of  teachers'  wages  and  directed  to  be  paid  to  the  said  C.  D. 

M.  M., 
N.  N., 
P.P., 
Bern,  July  16,  1860.  2hisiees,  dec 

JSo.    XO. 

ORDER   FOR    LIBRARY    MONEY. 

A.  B.,  Supervisor  of  the  town  of  Bern,  please  pay  M.  N.  $10,  being  the 
amount  of  library  money  in  your  hands  belonging  to  distiict  school  No.  4, 
in  said  town. 

M.  M.,  d;c 

July  16,  1860.  


3Xo.    30. 

tAX   LIST   FOR   COLLECTION   OF   MONEYS   RAISED   FOR   THE   BUILDING    OF    A    SCHOOL 

HOUSE. 

List  of  Taxes,  payable  by  the  following  person?,  taxable  inhabitants  of  dis- 
trict No. . .  .,'in  the  town  of ,  made  by  the  Trustees  of  said  district,  on 

the. . .  .day  of. . . .,  18. .,  in  conformity  to  law. 


NAMES. 

VALUATION  OF   REAL 
ESTATE. 

PERSONAL    ES- 
TATE. 

TOTAL. 

AMOUNT  OF 
•  TAXES. 

A.  B. 
C.  D. 
E.  F. 

$1,000 
1,500 

2,000 

$200 
fjOO 

800 

$1,200 
2,000 

2.800 

$  6  00 
10  00 
14  00 

No.   ai. 

WARRANT    TO    COLLECT    A    DISTRICT    TAX. 


To  the  Collector  of  School  District  No.  7,  in  the  town  of  Berne,  in  the 
county  of  Albany,  Greeting: 

You  are  hereby  commanded  to  receive  from  each  of  the  taxable  inhabitants 
and  corporations  named  in  the  foregoing  list,  and  of  the  owners  of  real  estate 


512  THE  CLERK'S  ASSISTANT. 

described  therein,  the  several  sums  mentioned  in  the  last  column  of  the  said  list, 
opposite  to  the  persons  and  corporations  so  named,  and  to  the  several  tracts 
of  land  so  described,  or  so  much  thereof  as  may  be  voluntarily  paid  to  you 
for  two  successive  weeks  after  the  delivery  to  you  of  this  warrant,  together 
with  one  cent  on  each  dollar  thereof  for  your  fees ;  and,  after  the  expiration 
of  the  time  above-mentioned,  to  proceed  forthwith  to  collect  the  residue  of 
the  sums  not  so  paid  in  as  aforesaid,  with  five  cents  on  each  dollar  thereof  for 
your  fees ;  and  in  case  any  person  upon  whom  such  tax  is  imposed  shall  neglect 
or  refuse  to  pay  the  same,  you  are  to  levy  the  same  by  distress  and  sale  of 
the  goods  and  chattels  of  the  person  or  corporation  so  taxed,  in  the  same 
manner  as  on  warrants  issued  by  the  board  of  supervisors  to  the  collectors  of 
taxes  in  towns ;  and  you  are  to  make  a  return  of  this  warrant  within  thirty 
days  after  the  deUvery  thereof  to  you ;  and  if  any  tax  on  the  real  estate  of  a 
non-resident  mentioned  in  the  said  list  shall  be  unpaid  at  the  time  when  you 
are  required  to  return  this  warrant,  you  are  to  deliver  to  the  trustees  of  the  said 
district  an  account  thereof,  according  to  law.  All  moneys  received  or  collected 
by  you  by  virtue  of  this  warrant,  you  are  to  keep  safely,  and  to  pay  out  the 
same  on  the  written  order  of  a  majority  of  the  trustees. 

Griven  under  our  hands  this day  of ,  in  the  year  one  thousand  eight 

hundred  and  seventy-two. 

A.  B., 
CD., 
E.  F., 
Trustees. 

No.    33. 

RATE  BILLS  FOR   SUMS   TO    BE   PAID  BY   THE   INHABITANTS   FOR   INSTRUCTION  OR  FOR 

FUEL. 

Rate  bill  of  the  persons  liable  for  teachers'  wages  (or  fuel)  in  district  No. 
in  the  town,  of ,  for  the  school  term  ending  the day  of ,  18 . . 


NAMES. 

NO.    OF   DATS   SENT.      . 

AMOUNT  OF  SCHOOL  BILL  (or  BILL  FOR  FUEL), 
INCLUDING  collector's  FEES. 

A.  B.,  &c. . 

100 

$1    05 

IVo.     3  3. 

BOND   TO   BE   GIVEN   BY   A  DISTRICT   COLLECTOR. 

Know  all  men  by  these  presents,  that  we,  A.  B.  and  C.  D.  (the  collector 
and  his  surety),  are  held  and  firmly  bound  to  E.  F.  and  Gr.  H.,  &c.,  trustees 

of  school  district  No ,  in  the  town  of ,  in  the  sum  of  (here  insert  a 

sum  double  the  amount  to  be  collected),  to  be  paid  to  the  said  E.  F.,  G.  H., 
&c.,  trustees  as  aforesaid,  or  to  the  survivor  or  survivors  of  them,  or  their 
assigns,  trustees  of  said  district ;  to  the  which  payment,  well  and  truly  to 
be  made,  we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly 
by  these  presents.     Sealed  with  our  seals,  and  dated  this day  of ,  18. . 

The  condition  of  this  obligation  is  such  that,  whereas  the  above  bounden 
A.  B.'  has  been  chosen  (or  appointed,  as  the  case  may  be)  collector  of  the 

above-mentioned  school  district  No ,  in  the  town  of ,  in  conformity  to 

the  act  for  the  support  of  common  schools ;  now,  therefore,  if  he,  the  said  A.  B., 
shall  well  and  truly  collect  and  pay  over,  after  deducting  therefrom  his  legal 
and  proper  fees,  the  moneys  assessed  upon  the  taxable  inhabitants  of  said  dis- 


SCHOOLS.  513 

trict,  in  a  rate  bill  or  tax  list,  dated  the day  of ,  18. .,  and  this  day 

received  by  the  said  collector,  which  assessment  amounts  to  a  total  sum  of 

$ ,  and  shall  in  all  respects  duly  and  faithfully  execute  the  said  warrant, 

and  all  the  duties  of  his  office  as  collector  of  such  district,  then  this  obhga- 
tion  shall  be  void,  otherwise  of  full  force  and  virtue. 

A.  B.  [l.  s.] 

C.  D.  \u  s.] 
Signed,  sealed,  and  deUvered,  ) 
in  presence  of  \ 


No,    S4.. 

BENEWAL   OF   WARRANT. 


The  undersigned  trustees  of  school  district  No.  4,  in  the  town  of  Bernt 
hereby  renew  the  within  (or  foregoing)  warrant. 

M.  M.,  (fee. 
July  16,  1860. 


No.    35. 

TRTTSTEES'    REPORT   TO   THE   DISTRICT   OF   MONEYS   RECEITED   BT   THEM  DURING 

THE    YEAR. 

The  trustees  of  school  district  No.  4,  would  report  that  the  following 
amounts  of  money  has  been  received  by  them  since  the  30th  day  of  Septem- 
ber, 1858: 

Amount  collected  on  tax  list  to  repair  school  house, $20  00 

for  fuel,. 15  00 

"  "        for  teachers'  wages, 35  00 

Which  said  sums  have  been  expended  as  follows: 

March  16,  1859,  paid  G.  H.  for  repairing  school  house, $15  75 

April  10,  1-859,  paid  L.  M.  for  fuel 14  73 

June  1,  1859,  paid  C.  D.  balance  for  teaching, 35  00 

M.  M., 
N.  N., 
P.P., 

Trustees^  dtc. 

66 


514 


THE  CLERK'S  ASSISTANT. 


ISO.  se. 


ANNUAL   REPORT   OF   TRUSTEES   FILED   WITH   TOWN  CLERK. 

To School  Commissioner  of  the District  of  the  County  oi. 

Report  of  the  Trustees  of  School  District  No ,  in  the  town  of. 

the  year  ending  September  30,  1860. 


.for 


Fiisr^i^jsrci^L.. 


all  &i  rear- 


RECEIPTS. 

Balance  on  hand,  October  1,  1859,  after  payin| 
ages  for  previous  school  expenses, 

Amount  apportioned  to  the  district,  including  both  teach- 
ers' wages  and  library  money, 

Amount  received  from  the  proceeds  of  gospel  and  school 
lands,  whether  rents,  or  the  proceeds  of  a  fund  raiscu  by 
the  sale  of  such  lands, 

4.  Amount  raised  and  to  be  raised  by  tax,  for  all  school  pur- 

poses, within  the  year,  not  including  money  so  raised  to 
pay  expenses  of  a  previous  year, 

5.  Amount  raised  and  to  be  raised  by  rate  bills,  for  expenses 

incurred  within  the  year,  not  including  money  so  raised 
to  pay  expenses  of  a  previous  year, 

6.  Amount  received  from  all  oLher  sources,  not  before  enu- 

merated,   


Total, . 


PAYMENTS. 

8.  For  teachers'  wages,  including  drafts  on  the  Supervisors, 

and  whatever  may  be  due  for  wages  earned,  except  in 
colored  schools,  previous  to  the  1st  of  October,  18G0. .  . . 

9.  For  Ubraries,  including  all  moneys  received  from  the  Su- 

pervisor, or  raised  in  the  district  for  hbrary  purposes 

within  the  year, 

10.  For  school  apparatus,  such  as  black-boards,  globes,  &c,. .  . 
IL  For  colored  schools,  all  expenses,  for  teachers'  wages  or 

otherwise,  actually  paid  or  due, 

12.  For  expenses  of  school  house,  viz. : 

For  site, 

"    building  school  house, 

"    hiring  "  

"    purchasing      "  

"    repairmg   and   insuring  school 

house, 

"    fences,    

,  "    out  houses, 

"    furniture, 

(Total  carried  into  outside  column,) 


Dollars.    Cts 


13. 


For  all  other  incidental  expenses,  viz. : 
For  fuel  and  building  fires, .... 
"    salaries  other  than  teachers'. 


(Total  carried  into  outside  column,) 

14.  Amount  remaining  on  hand  October  1,  1860,  after  paying 

all  debts  incurred  for  school  purposes, , 

15.  Total, 


i 


SCHOOLS. 


515 


STATISTICAL. 

Number  of  licensed  teachers  employed  at  the  same  time  for  six  months, 
between  October  1,  1859,  and  Sepetmber  30,  1860, 

Number  of  children  between  the  ages  of  four  and  twenty-one  years,  resid- 
ing in  the  district  on  the  30th  day  of  September,   1860, as  per 

schedule  annexed 

Number  of  free  schools  within  the  district 

Number  of  private  schools  within  the  district  (not  including  colleges,  incor- 
porated academies  or  seminaries), 

Number  of  pupils  attending  such  private  schools 

The  whole  time  school  was  kept  within  the  twelve  months  ending  Septem- 
ber 30,  1860,  was   months  and days. 

The  time  school  was  kept  by  teachers  duly  licensed  was months 

and days. 

The  names  of  the  teachers  employed,  and  the  dates  of  the  beginning  and 
ending  of  the  employment  of  each  from  October  1,  1859,  to  September  30 
1860,  and  the  authorities  by  whom  they  were  licensed,  are  as  follows : 


NAMES  OF    TEACHERS. 


DATE     OF    COM- 
MENCEMENT. 


DATE    OF  CLOSE 
OF    SERVICE. 


BY  WnOM  LICENSEn  AND 
DATE  OF  LICENSE  IF 
AFTER  COMMENCEMENT 
OF   SCHOOL. 


Number  of  children  taught  less  than  2  months, 

2  mouths  and  less  than  4,. 

6,. 

8,. 

10,. 


4 

6        "  " 

8        "  " 

10  months  and  over,. 


Total, 


Number  of  times  the  school  was  inspected  by  the  School  Commissioner,. . . 

Number  of  volumes  in  the  district  library, 

The  school  house  is  a building  (the  blank  to  be  filled  with  log, 

frame,  brick  or  stone,  according  to  the  fact). 

We,  the  undersigned,  trustees  of  the  school  district  for  which  the  foregoing 
report  is  made,  do  certify  that  the  said  report  is  true  in  all  respects,  according 
to  the  best  of  our  knowledge  and  belief;  that  the  facts  therein  contained,  that 
were  not  within  our  own  personal  knowledge,  have  been  obtained  from 
sources  that  we  deem  entirely  rehable;  and  that  the  number  of  children 
taught  has  been  taken  from  the  sworn  hst  of  attendants  at  school,  kept  by 
the  teachers. 

M.  M., 
N.  N^ 
P.  P, 

li-ustees  of  District  No , 

To^lm  of. 


516 


THE  CLERK'S  ASSISTANT. 


Schedule  showing  the  famiHes  and  the  number  of  children  in  each,  between 
the  ages  of  4  and  21  years,  within  the  district,  on  the  30th  day  of  September, 
1860. 


NAMES  OF 
PARENTS  OR 
GUARDIANS. 


NUMBER    OF 
CHILDREN. 


TOWNS  IN  WIUCHMNAMES      OF 
THEY    RESIDE.     '  PARENTS  OR 
GUARDIANS. 


NUMBER    OF 
CHILDREN. 


TOWNS  IN  WHICH 
THEY    RESIDE. 


ISO.    2<7. 


COLLECTORS    NOTICE   TO    PAT   TAXES. 


The  undersigned  has  received  from  the  trustees  of  school  district  No.  4, 
town  of  Bern,  the  warrant  and  tax  list  to  collect  the  sums  therein  specified 
from  the  persons  therein  named  as  liable  to  pay  the  same  in  said  district,  and 
all  persons  who  pay  their  tax  to  me  within  two  weeks  from  this  date  will  be 
charged  but  one  per  cent  fees,  and  five  per  cent  will  be  collected  from  all  per- 
sons who  do  not  pay  their  taxes  until  after  the  expiration  of  said  two  weeks. 

M.  E.,   CoUecior. 
Bern,  July  16"  1860. 


ISO.    38. 

RETURN    OF    THE    COLLECTOR. 

I  hereby  certify  and  return  that  by  virtue  of  the  foregoing  warrant,  I  have 
collected  the  sum  of  $50,  being  the  several  sums  thereon  marked  by  me  as 
paid,  and  that  the  following  persons,  to  wit :  L.  0.  and  S.  N.,  have  not  paid 
the  sums  taxed  against  them,  nor  have  I  been  able  to  find  any  property  of  the 
said  L.  0.  and  S.  K,  upon  which  I  could  levy. 

M.  E.,   Collector. 

Bern,  July  16,  186U. 


ISO.    JiO. 

collector's  NOTICE  OF  LEVY  AND  SALE — COLLECTOR'S  SALE. 

By  virtue  of  a  warrant  and  tax  list  issued,  directed  and  delivered  to  me  by 
the  Trustees  of  school  district  No.  4,  of  the  town  of  Bern,  I  have  levied  upon 
and  taken  the  following  described  goods  (name  them)  of  0.  P.,  which  I  shall 
sell  at  public  auction  at  the  public  house  of  M.  P.,  in  said  town  on  the  30th 
day  of  July,  1860,  at  10  o'clock  a.  m. 

M.  E.,    CoUedor  of  School  District  No.  4. 

Bern,  July  16,  1860. 


ISo.    30. 

VERIFICATION    TO    ACCOUNT    OF     DISTRICT    OFFICER   FOR   COSTS    TO    BE    REIMBURSED. 

Albany  County,  ss.     B.  C,  of  said  county,  being  sworn  says,  that  he  was 
collector  of  school  district  No.  4,  in  the  town  of  Bern,  in  said  county,  from 

....lo and  that  a  suit  was  commenced  against  him  in  the  Supreme  (or 

Justices)  Court  by  one  J.  U.,  for  an  alleged  (state  the  causes  of  action) ;  that  said 


SCHOOLS.  517 

action  was  decided  in  favor  of  (or  against)  this  deponent;  that  the  foregoing 
is  a  just  and  true  account  of  his  expenses  and  disbursements  in  said  action,  and 
tliat  the  same  have  been  fully  paid  and  discharged  by  tins  deponent,  and  that 
this  deponent  is  entirely  free  from  blame  in  regard  to  the  matters  for  wliich 
said  action  was  brought. 

B.  C. 
Sworn,  &c. 


3Vo.     31. 

NOTICE    INDORSED   ON   COPY   ACCOUNT   TO   BE   SERVED   ON   TRUSTEES. 

To  M.  M.,  N.  K,  and  P.  P.,  Trustees,  &c. : 

Take  notice,  that  an  account  of  which  the  within  is  a  copy,  will  be  laid 
before  the  Board  of  Supervisors  at  their  meeting  on  the  10th  day  of  November, 
1860,  at  their  room  in  the  City  Hall,  Albany,  at  the  opening  of  their  busmess 
on  that  day ;  and  that  an  application  will  then  be  made  for  an  order  requiring 
the  amount  of  the  said  account  to  be  paid  by  said  school  district. 

Yours,  <fcc.,  B.  C. 

Tnly  16,  1860.  


Jfo.     33. 

CERTIFIED   COPT   OF   THE   ACTION    OF   THE   BOARD    OF   SUPERVISORS.     ■ 

At  a  meeting  of  the  Board  of  Supervisors  of  the  county  of  Albany,  Novem- 
ber 10,  1860,  a  majority  of  said  board  being  present,  the  following  preamble  and 
resolution  was  unanimously  (or  by  a  majority  vote)  adopted.  Whereas,  B.  C, 
Esq.,  has  made  application  to  this  Board  for  an  order  in  regard  to  certain  costs 
in  an  action,  having  been  paid  him  in  an  action  brought  against  him  for  cer- 
tain acts,  alleged  to  have  been  done  by  him  as  Collector  of  school  district  No. 
4,  of  the  town  of  Bern,  and  the  Trustees  having  been  heard  in  relation  to  said 
claim,  and  due  deliberation  being  thereon  had,  it  was 

Resolved,  That  the  sum  of  $50  be  allowed  the  said  B.  C,  as  and  for  his 
costs  and  disbursements  in  said  action,  and  it  is  hereby  ordered,  that  the  same 
be  assessed  upon  and  collected  of  the  taxable  inhabitants  and  property  of  said 
school  district  No.  4,  in  the  town  of  Bern,  in  the  same  manner  as  other  taxes 
of  said  district  are  by  law  assessed  and  collected,  and  paid  to  the  said  B.  C. 

The  foregoing  is  a  correct  copy  of  the  minutes  and  of  the  whole  of  the 
minutes,  having  reference  to  the  appUcation  of  B.  C. 

M.  C,    Clerk  of  Board  of  Supervisors. 
November  12,  1860. 


TSo.    33. 

NOTICE    INDORSED    ON    COPY    ORDER     SERVED    ON    TRUSTEES. 

Take  notice,  that  the  within  is  a  copy  of  an  order  made  by  the  Board  of 
Supervisors  of  the  county  of  Albany. 

Yours,  &c.,  B.  ('. 

Bern,  Nov.  1.''.,  1860. 
To  M.  M.,  N.  N.,  and  P.  P.,  Tustees.  ^o. 


518 


THE  CLERK'S  ASSISTANT. 


I«"o.    34. 

NOTICE    BY    CliEBK    OF    DTSTRICT    TO    OFFICERS    OF   TUEIR    ELECTION. 

To  A.  B.  Esq.  : 

Take  notice,  that  at  the  annual  meeting  of  school  district  No.  4,  in  the  to>fn 
of  Bern,  you  was  elected  Trustee  {or  Librarian  or  Collector)  of  said  school 
district  to  hold  your  office  for  the  period  of  one  (or  three)  years. 

Yours,  &c., 
•  D.  C,   Clerk  of  the  District, 

Bern,  Oct.  11,  1859.  (or  of  said  Anniial  Meeting). 


No.    3» 

NOTICE   TO   TOWN   CLERK   OF   ELECTION    0»   SCHOOL   OFFICERS. 

To  T.  C.  Esq.,  Town  Clerk  of  Bern: 

Take  notice,  that  the  following  persons  were  elected  school  officers  for  the 
school  district  No.  4,  of  said  town  of  Bern,  at  a  meeting  held  pursuant  to 
notice  in  the  school  house  in  said  district,  on  the  second  Tuesday  of  October, 
instant,  at  eight  o'clock,  p.  m.  ;  for  Clerk  D.  C. ;  Librarian  L.  C. ;  Collector  C. 
C. ;  and  for  Trustee  M.  M.,  to  hold  his  office  for  three  years,  in  place  of  M.  P., 
whose  term  of  office  expires  as  Trustee. 
Yours,  &c., 

D    C,  Clerk  of  Annual  Meeting  of  said  District. 
Bern,  Oct.  11,  1859. 


No.    36. 

librarian's  book. 


BY  WHOM  TAKEN. 

NO.  OF  BOOK. 

WHEN  TAKEN. 

WHEN    RETURNED. 

condition. 

John  Jones. 

88 

1860,  June  20. 

1860,  July    1. 

Good. 

No.    ST. 

teacher's  ABSTRACT  OF  ATTENDANCE  OF  SCHOLARS  FOR  THE  TRUSTEES. 

The  following  is  an  abstract  of  the  attendance  of  scholars  at  school  district 
No.  4,  town  of  Bern,  for  the  year  ending  September,  30,  1859 ; 
Scholars  attended  less  than  2  months  were 


Bern,  Sept.  30,  1859. 


4 

and 

more  than  2  months 

were 

6 

u 

4 

(1 

8 

11 

"            6 

(( 

10 

u 

8 

(1 

12 

(( 

«          10 
T. 

B., 

11 
Teacher. 

JSo.    38. 


VACANCY    IN    OFFICE    OF   TRUSTEE    SUPPLIED. 

Whereas,  A.  B.,  sole  Trustee  (or  one  of  the  Trustees)  of  school  district  No. 
4,  in  the  town  of  Bern,  departed  tliis  life  {or  moved  out  of  town  or  resigned) 


SCHOOLS.  519 

on  the  third  day  of  March,  1860,  and  the  said  school  district  has  not  supphed 
said  vacancy,  and  more  than  one  month  has  elapsed  since  the  death  (or  resig- 
nation or  removal)  of  the  said  A.  B.,  I  do  hereby  appoint  C.  D.,  an  inhabitant 
of  said  district,  a  Trustee  to  fill  the  vacancy  occasioned  by  the  death  (resigna- 
tion or  removal)  of  the  said  A.  B.,  to  hold  his  ofiBce  until  the  next  annual 
election  in  said  school  district. 

Witness  my  hand  this  5th  day  of  April,  1860. 

M.  v.,  Supervisor  of  the  town  of  Bern 


Wo.    30. 

APPOINTMENT  TO   FILL  VACANCY  IN  THE  OFFICE  OF  CLERK,  LIBRARIAN  OR  COLLECTOR. 

Whereas,  E.  F.,  the  late  Clerk  {or  Collector  or  Librarian)  of  school  district 
No.  4,  in  the  tovrn  of  Bern  died  (or  resigned  or  moved  out  of  the  town)  on 
the  10th  day  of  June,  1860,  whereby  there  is  a  vacancy  in  said  office,  we  the 
Trustees  (or  a  majority  of  the  Trustees)  of  said  school  district  do  hereby 
appoint  Gr.  H.,  an  inhabitant  of  said  school  district,  and  a  legal  voter  therein, 
to  hold  the  office  of  Clerk  (or  Librarian  or  Collector)  until  the  next  ansua/ 
meeting  of  said  school  district,  in  the  place  and  stead  of  the  said  Q  R 
deceased  (or  departed  or  resigned). 
Witness  our  hands  this  20th  day  of  June,  1860,  at  the  town  of  Bern. 

M.  M., 
N.  N., 
P.    P., 


Trustees,  &c. 


ITo.    40. 

APPEAL   TO   SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

To  the  Hon.  V.  D.,  Superintendent  of  Public  Instruction : 

The  undersigned,  a  taxable  inhabitant,  and  a  legal  voter  of  school  distric 
No.  2,  in  the  town  of  Columbus,  county  of  Chenango,  hereby  appeals  to  the 
Superintendent  of  Public  Instruction  from  the  decision  (or  order)  of  B.  C,  the 
School  Commissioner,  in  Assembly  District  No.  2,  in  said  county,  which 
decision  or  order  is  as  follows  (give  the  order  or  decision  appealed  from) 
which  said  decision  (or  order)  was  founded  and  based  upon  the  following 
papers  {or  facts)  (set  forth  the  papers  or  a  clear  statement  of  the  facts  in  regard 
to  which  the  decision  or  order  was  made). 

(If  the  facts  are  stated  in  the  appeal  in  addition  to  the  papers,  then  add  the 
following  affidavit :) 

Chenango  County,  ss.  Q.  Q.,  being  sworn,  says  that  he  has  read  the  fore- 
going appeal,  and  the  papers  therein  referred  to;  that  he  is  acquainted  with 
the  facts  and  circumstances  set  forth  in  the  said  apjieal,  and  that  the  same  are 
truly  and  correctly  set  forth,  and  occurred  as  therein  described,  and  that  the 
foregoing  papers  are  true  copies  of  the  papers  used  on  the  hearing  before  the 
School  Commissioner,  in  the  above  matter. 

Q.  Q. 

Sworn,  &c. 


520  THE  CLERK'S  ASSISTANT. 

ISO.    41. 

NOTICE   OF   THE   APPEAL. 

To  E.  v.,  Esq.,  School  Commissioner  of  Assembly  District  No.  2,  in  the  county 
of  Chenango : 
Take  notice,  that  I  have  appealed  from  the  decision  {or  order)  made  by  you 
as  within  set  forth,  to  the  Superintendent  of  Public  Instruction,  and  that  the 
■within  are  true  copies  of  the  appeal,  and  of  all  papers  upon  which  said  appeal 
is  founded. 

Yours,  &c.,  Q.  Q. 

Columbus,  July  17,  1860. 


No.    43. 

PROOF   OP  SERVICE   OF  NOTICE   OF   APPEAL. 

Chenango  County,  ss.  Q.  Q.,  being  sworn,  says  that  on  the  17th  day  of 
July,  1860,  at  Columbus,  he  served  on  E.  V.,  Esq.,  within  named,  the  within 
notice  and  papers,  and  such  service  was  made  by  giving  to  and  leaving  with 
said  E.  V.  true  copies  of  each  and  all  of  said  papers. 

Q.  Q. 

Sworn,  &G. 


CHAPTER  XXXVm. 

SHIPS  AND  VESSELS. 

The  Registry  Act  of  the  United  States,  requires  that  upon 
every  transfer  of  a  registered  ship,  in  whole  or  in  part,  to  any 
other  citizen,  there  shall  be  some  instrument  of  writing  in  the 
nature  of  a  bill  of  sale,  which  shall  recite  at  length  the  certificate 
of  registry,  otherwise  the  ship  shall  be  incapable  of  being  regis- 
tered anew.  This  however  does  not  invalidate  the  act  of  sale  as 
between  the  parties,  but  leaves  the  contract  to  be  decided  accord- 
ing to  the  general  principles  of  the  common  law.  Every  ship  is 
to  be  registered  anew  upon  every  transfer,  and  unless  so  regis- 
tered she  is  not  entitled  to  the  privileges  and  benefits  of  a  ship 
of  the  United  States ;  and  the  consequence  of  a  non-registry  is 
that  the  ship  becomes  a  foreign  ship. 

Whenever  a  new  register  is  to  be  granted,  the  former  certifi- 
cate of  registry  is  to  be  given  up,  except  where  it  may  have  been 
destroyed,  lost  or  unintentionally  mislaid.  But  in  cases  of  sale 
by  process  of  law,  if  the  former  owners  do  not  surrender  up  the 
register,  the  owners  or  purchasers  may  obtain  a  new  register  or 
enrollment  upon  complying  with  the  conditions  required  in  ordi- 
nary cases,  excepting  the  delivery  of  the  old  register. 

Formerly  the  only  way  by  which  an  owner  of  a  vessel  could 
pledge  or  hypothecate  his  ship  to  secure  his  creditors,  was  by  a 
bond  called  a  bottomry  bond,  in  which  he  pledged  the  keel  or 
bottom  of  his  ship  as  a  security  for  the  repayments.  But  a  bot- 
tomry bond  was  limited  in  its  nature,  as  it  could  be  given  only 
to  enable  the  owner  or  master  to  fit  out  the  ship,  or  to  purchase 
a  cargo  for  a  proposed  voyage,  and  as  the  lender  took  part  of  the 
risk  (for  if  the  ship  was  lost,  he  lost  his  money,  as  he  had  no 
claim  upon  the  borrower  personally)  he  usually  demanded  exor- 
bitant rates  of  interest. 
66 


522  THE  CLERK'S  ASSISTANT. 

To  remedy  these  evils,  and  for  advantage  to  the  owners  of  ves- 
sels, Congress  in  1850,  passed  an  act,  authorizing  the  owners  of 
vessels,  to  mortgage  or  hypothecate  the  same  by  an  instrument 
in  writing,  and  to  give  notice  of  such  mortgage  or  hypothecation, 
by  having  the  bill  of  sale,  mortgage,  hypothecation,  or  convey- 
ance recorded  in  the  office  of  the  Collector  of  Customs  where 
such  vessel  is  registered  or  enrolled.  Such  mortgage,  when 
recorded,  has  a  preference  over  all  other  liens  subsequently  created, 
except  the  lien  by  bottomry,  created  during  her  voyage,  by  a  loan 
of  money  or  materials  necessary  to  repair  or  enable  such  vessel 
to  prosecute  such  voyage. 


FORMS. 


JVo.     X. 

SALE    OF    REGISTERED    VESSEL. 

To  all  to  whom  these  presents  shall  come,  Greeting : 

Know  ye,  that  I,  A.  B.,  the  sole  owner  of  the  ship  or  vessel  called  the  Snipe,  of 
the  burden  of  fifty  tons,  or  thereabouts,  for  and  in  consideration  of  the  sum  of 
$6,000  lawful  money  of  the  United  States  of  America  to  me  in  hand  paid,  before 
the  sealing  and  delivery  of  these  presents,  by  0.  D.,  of  the  city  of  New  York, 
the  receipt  whereof  I  do  hereby  acknowledge,  and  am  therewith  fully  satisfied, 
contented  and  paid,  have  bargained  and  sold,  and  by  these  presents  do  bargain 
and  sell,  unto  the  said  C.  D.,  his  executors,  administrators  and  assigns,  the 
whole  of  the  said  ship  or  vessel,  together  with  the  mast,  bowsprit,  sails,  boat, 
anchors,  cables,  and  all  other  necessaries  thereunto  appertaining  and  belong- 
ing ;  the  certificate  of  the  registry  of  which  said  ship  or  vessel  is  as  follows, 
to  wit : 

No 

In  pursuance  of  an  act  of  the  Congress  of  the  United  States  of  America^ 
entitled  "  An  act  concerning  the  registering  and  recording  of  ships  or  vessels,' 

having  taken  or  subscribed  the . required  by  the  said  act,  and  having 

1 that 

Owner  of  the  ship  or  vessel  called  the 

Qf - whereof is  at  present  master,  and 

is  a  citizen  of  the  tfnited  States,  and  that  the  said or  vessel  was 

And  "..*.*." having  certified 

that  the  said  ship  or  vessel  has deck and mast and  that  her 

length  is ,  her  breadth her  depth 

and  that  she  measures -tons;  and  that  she  i3 

has and head :     And  the  said 

[ having  agreed  to  the  description  and  admeasurement  above 

specified,  and  sufficient  security  having  been  given  according  to  the  said  act, 
the  said . .' has  been  duly  registered  at  the  port  of 

Given  under hand  and  seal  at  the  port  of this day 

of. ... in  the  year  18 

To  have  and  to  hold,  the  said  granted,  bargained  and  sold  ship  or  vessel, 
and  appurtenances  thereunto  belonging,  unto  him  the  said  C.  D.,  his  executors, 
administrators  and  assigns,  to  the  sole  and  only  proper  use,  benefit  and  behoof 
of  the  said  C.  D.,  his  executors,  administrators  and  assigns,  forever  :  And  I, 
the  said  A.  B.,  have  and  by  these  presents  do  promise,  covenant  and  agree, 
for  myself,  my  heirs,  executors  and  administrators,  to  and  with  the  said  C.  D., 
his  heirs,  executors,  administrators  and  assigns,  to  warrant  and  defend  the  said 


524  THE  CLERK'S  ASSISTANT. 

ship  or  vessel  called  the  Snipe,    and  all  the  other  before  mentioned  appurte 
nances,  against  all  and  every  person  and  persons  whomsoever. 

In  testimony  whereof,  I,  the  said  A.  B.,  have  hereunto  set  my  hand  and 
seal,  this  21st  day  of  July,  in  the  year  of  our  Lord  1860. 

A.  B.  [L.  s.] 
Sealed  and  delivered  in  the  presence  of 
E.  F. 


Ifo.    S. 

SALE    OF    ENROLLED    VESSEL. 

To  all  to  whom  these  presents  shall  come.  Greeting : 

Know  ye,  that  I,  A.  B.,  being  the  sole  owner  of  the  ship  or  vessel  called  the 
Spray,  of  the  burden  of  seventy-five  tons,  or  thereabouts,  for  and  in  consideration 
of  the  sum  of  $15,0u0  lawful  money  of  the  United  States  of  America,  to  me  in 
hand  paid  before  the  sealing  and  delivery  of  these  presents,  by  C.  D.,  of  the  city 
of  New  York,  the  receipt  whereof  I  do  hereby  acknowledge,  and  am  therewith 
fully  satisfied,  contented  and  paid,  have  bargained  and  sold,  and  by  these  pre- 
sents do  bargain  and  sell,  unto  the  said  C.  D.,  his  executors,  administrators  and 
assigns,  the  whole  {or  one-half)  of  the  said  ship  or  vessel,  together  with  the 
mast,  bowsprit,  sails,  boat,  anchors,  cables,  and  all  other  necessaries  thereunto 
appertaining  and  belonging.  The  certificate  of  the  enrollment  of  which  said 
ship  or  vessel  is  as  follows,  to  wit : 

PEEIMANENT. 
No 

Enrollment,  in  conformity  to  an  act  of  the  Congress  of  the  United  States 
of  America,  entitled  "  An  act  for  enrolling  and  licensing  ships  or  vessels  to  be 
employed  in  the  coasting  trade  and  fisheries,  and  for  regulating  the  same." 

having  taken  or  subscribed  the required  by  said  act,  and  having 

that 

citizen,  .of  the  United  States, owner,  .of  the  ship  or  vessel  called 

the of 

whereof is  at  present  master,  and  as  he 

hath. is  a  citizen  of  the  United  States,  and  that  the  .said  ship  or 

vessel  was  built  at 

And having 

certified  that  the  said  ship  or  vessel  has ....  deck .  .  and ....  mast . .  and  that  her 

length  is ,  her  breadth 

her  depth ,  and  that  she  measures tons, 

and  that  she  is  square  sterned  has 

no  galleries,  and head :     And  tl>e  said 

having  agreed  to  the  description  and  admeasurement  above 

specified,  and  sufiicient  security  having  been  given  according  to  the  said  act, 
the  said has  been  dul}^  enrolled  at  the  port  of 

Given  under   . .  .hand  and  seal  at  the  port  of this 

day  of in  the  year  18 .  .  . 

To  have  and  to  hold  the  said  ship,  vessel,  and  appurtenances  thereunto 
belonging,  unto  him  the  said  C.  D.,  his  executors,  administrators  and  assigns, 
to  the  sole  and  only  proper  use,  benefit  and  behoof,  of  him  the  said  C.  D.,  hia 
executors,  administrators  and  assigns,  forever :  And  I,  the  said  A.  B.,  have 
and  by  these  presents  do  promise,  covenant  and  agree,  for  myself,  my  lieirs, 


SHIPS  AND  VESSELS.  525 

executors  ana  administrators,  to  and  with  the  said  C.  D.,  his  heirs,  executors, 
administrators  and  assigns,  to  warrant  and  defend  the  said  ship,  or  vessel  and  all 
the  other  before  mentioned  appurtenances,  against  all  and  every  person  and 
persons  whomsoever. 

In  testimony,  &c.  (as  in  the  last  form). 


IS"o.     3. 

MORTGAGE   ON   ViSSEL. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  am  held  and  firmly  bound 
unto  C.  D.,  in  the  just  and  full  sura  of  $4,000,  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  said  C.  D.,  his  executors,  administrators 
or  assigns:  for  which  payment  well  and  truly  to  be  made,  I  bind  myself,  my 
heirs,  executors  and  administrators,  firmly  by  these  presents.  Dated  at  New 
York,  this  21st  day  of  July,  in  the  year  1860. 

Wliereas,  the  said  C.  D.  lias  this  day  lent  and  advanced  unto  the  said  A.  B.  the 
sum  of  $2,000,  on  the  body,  tackle  and  appurtenances  of  the  ship  or  vessel 
called  the  Spring,  of  the  burden  of  sixty  tons,  or  thereabouts;  the  said  A.  B. 
being  the  sole  owner  of  said  ship  or  vessel  called  the  Spring. 

Nuw  the  condition  of  this  obligation  is  such,  that  if  the  said  A.  B.  shall  pay 
or  cause  to  be  paid  to  the  said  C.  D.  the  sum  of  $2,000  (the  amount  loaned), 
and  interest  thereon  in  three  years  from  the  date  hereof,  interest  at  seven  per 
cent  per  annum,  payable  semi-annually,  then  this  obligation  to  be  void;  other- 
wise, to  remain  in  full  force  and  virtue.  And  in  consideration  of,  and  as 
security  for  said  loan  as  aforesaid,  the  said  ship  or  vessel  is  by  these  presents 
assigned,  pledged,  mortgaged,  set  over  and  conveyed  to  the  said  C.  D.,  his  heirs 
and  assigns ;  the  certificate  of  the  enrollment  of  which  vessel  is  as  follows,  viz. . 

No 

Enrollment  in  conformity  to  an  act  of  Congress  of  the  United  States  of 
America,  entitled  "  An  act  for  enrolling  and  licensing  ships  or  vessels  to  be 
employed  in  the  coasting  trade  and  fisheries,  and  for  regulating  the  same." 

having  taken  or  subscribed  the required  by  the  said  act,  and  having 

that • 

owner .   of  the  ship  or  vessel  called  the of whereof 

is  at  present  master,  and  is  a  citizen  of  the  United  States,  and  that  the  said 

ship  or  vessel  was  built  at •  •  • 

And • •  •  •  • 

having  certified  that  the  said  ship  or  vessel  has . .   deck . .  and . .  .mast . .  and  tliat 

her  length  is her  breadth 

her  depth ,  and  that  she  measures tons, 

and  that  she  is and .head: 

And  the  said having  agreed  to  the 

description  and  admeasurement  above  specified;  and  sufficient  security  havmg 

been  given  according  to  the  said  act,  the  said has  been 

duly  enrolled  at  the  port  of _ 

Given  under hand  and  seal  at  the  port  of this day  ot 

in  the  year  18 . . .  r     •  i 

It  being  mutually  understood  and  agreed,  that  in  case  the  amount  of  said 
loan  and  interest,  or  any  part  thereof,  according  to  the  terms  of  these  presents, 
shall  remain  due  and  unnaid  to  said  C.  D.,  his  heirs,  executors  or  assigns,  after 
the  expiration  of  said  three  years,  the  said  C.  D.,  his  heirs,  executors  or  assigns, 
may  take  possession  of  said  ship  or  vessel,  and  appurtenances,  and  sell  the 
same  at  public  auction,  in  order  to  satisfy  the  amount  then  due,  without  any 
proceedings  in  court  or  otherwise,  for  the  purpose  of  authorizing  such  .«ale, 


526 


THE  CLERK'S  ASSISTANT. 


and  tuereapon  may  execute  and  deliver  a  sufficient'bill  of  sale  to  transfer  com- 
pletely to  any  purchaser  or  purchasers  all  title  and  property  in  and  to  the  said 
ship  or  vessel,  and  appurtenances  of  the  said  A.  B.,  as  sole  ow^ner  thereof,  nov? 
belonging.  The  said  C.  D.  thereupon  to  account  to  the  said  A.  B.,  Iiis  heirs, 
executors  or  assigns,  for  any  surplus  of  such  sale,  after  paying  all  charges  and 
expenses.  And  in  case  of  such  sale  as  aforesaid,  the  said  A.  B.,  his  executors, 
administrators  or  assigns,  shall,  whenever  thereto  requested,  make,  execute 
and  deliver  to  such  purchaser  or  purchasers,  another  bill  of  sale  of  said  ship 
or  vessel  and  appurtenances,  in  which  the  enrollment  shall  be  recited  as  above, 
for  the  transferring  completely  to  said  purchaser  or  purchasers,  all  the  right, 
interest,  and  claim  of  said  A.  B.,  his  executors,  administrators  or  assigns,  as 
sole  owner,  of  said  ship  or  vessel,  and  in  default  of  the  prompt  execution  and 
delivery  of  such  other  bill  of  sale  to  such  purchasser  or  purchasers,  by  the  said 
A.  B.,  when  thereto  requested,  the  said  C.  D.  is  hereby  constituted  and 
appointed  the  legal  attorney  of  the  said  A.  B.,  for  the  purpose  of  making, 
executing  and  dehvering  such  bill  of  sale ;  and  the  said  A.  B.  hereby  ratifies 
and  confirms  the  act  of  the  said  0.  D.,  as  his  attorney  for  said  purpose.  And 
it  is  hereby  further  agreed,  that  insurance  shall  be  made  at  some  office  in  the 
city  of  New  York,  on  the  said  ship  or  vessel,  for  the  security  of  the  said  0. 
D.,  to  an  amount  not  less  than  the  sum  loaned  as  aforesaid,  and  the  said  0. 
D.,  is  hereby  authorized  to  procure  such  insurance,  at  the  expense  of  the  said 
A.  B.,  if  not  seasonably  obtained  by  said  A.  B. 

A.  B.  [l.  S.J 
Signed,  sealed,  and  delivered,  ) 
in  presence  of  ( 

G.  H. 


No.    4. 


MAKING    PROTEST. 


State  of  New  York,  City  and  County  of  New  Yorlc,  ss.  To  all  People  to 
whom  these  presents  shall  come  or  may  concern :  I,  A.  B.,  a  public  notary  in 
and  for  the  State  of  New  York,  by  letters  patent,  under  the  great  seal  of  the 
said  State,  duly  commissioned  and  sworn,  dwelling  in  the  city  of  New  York, 

send  Greeting:  Know  ye,  that  on  the day  of. . .  .in  the  year  18. .,  before 

me  appeared  C.  D.,  of  the  brig  called  the  Home,  and  noted  in  due  form  of  law 
with  me  the  said  A.  B.,  his  protest  for  the  uses  and  purposes  hereinafter  men- 
tioned ;  and  now  at  this  day,,  to  wit,  the  day  of  the  date  hereof,  before  me, 
the  said  notary,  at  the  city  of  New  York  aforesaid,  again  comes  the  said  0. 
D.,  and  requires  me  to  extend  his  protest,  and  together  with  the  said  0.  D. 
also  come  E.  F.  and  Gr.  H.,  belonging  to  the  aforesaid  brig,  all  of  whom  being 
by  me  duly  sworn  on  the  holy  evangelists  of  Almighty  God,  voluntarily, 
freely  and  solemnly  do  declare  and  depose  as  follows,  that  is  to  say,  that  he 
the  said  C.  D.  set  sail  and  departed  in  and  with  the  said  brig  called  the  Home 
as  master  thereof  from  the  port  of  Liverpool  in  England,  having  on  board  the 
said  brig  a  cargo  of. . .  .and  bound  for  the  port  of. . . .,  that  the  said  brig  was 
then  stout,  staunch  and  strong :  had  her  cargo  well  and  sufficiently  stowed 
and  secured;  was  well  masted,  manned,  tackled,  victualed,  appareled  and 
appointed ;  and  was  in  every  respect  fit  for  sea  and  the  voyage  she  was  about 
to  undertake  ;  that  after  the  said  brig  had  been  at  sea  twenty  days  (detail  the 
circumstances  attending  the  injury  of  the  vessel,  whether  by  collision  or 
storms). 

And  the  said  C.  D.  further  says,  that,  as  all  the  damage  and  injury  which 
already  has  or  may  hereafter  appear  to  have  happened  or  accrued  to  the  said 
brig  or  her  said  cargo,  has  been  occasioned  solely  by  the  circumstances  herein- 


SHIPS  AND  VESSELS.  527 

before  stated,  and  cannot  and  ought  not  to  be  attributed  to  any  insufficiency 
of  the  said  C.  D.,  or  default  of  him,  tliis  dejjonont,  his  officers  or  crew ;  he 
now  requires  me,  the  said  notary,  to  make  his  protest  and  this  public  act 
thereof,  that  the  same  may  serve  and  be  of  full  force  and  value,  as  of  right 
shall  appertain.  And  thereupon  the  said  C.  D.  doth  protest,  and  I,  the  said 
notary,  at  his  special  instance  and  request,  do,  by  these  presents,  publicly  and 
solenuily  protest  against  winds,  weather  and  seas,  and  against  all  and  every 

»  accident,  matter  and  thing,  had  and  met  with  as  aforesaid,    whereby  or  by 

means  whereof  the  said  brig  or  her  cargo,  already  has,  or  hereafter  shall  appear 

i>  to  have  suffijred  or  sustained  damage  or  injury,  for  all  losses,  costs,  charges, 

expenses,  damages  and  injury  which  the  said  brig  or  the  owner  or  owners  of 
the  said  brig,  or  the  owners,  freighters  or  shippers  of  her  said  cargo,  or  any 
other  person  or  persons  interested  or  concerned  in  either,  alread}'  have  or  may 
hereafter  pay,  sustain,  incur  or  be  put  unto,  by  or  on  account  of  the  premises, 
or  for  which  the  insurer  or  insurers  of  the  said  brig  or  her  cargo  is  or  are 
respectively  liable  to  pay  or  make  contribution  or  average  according  to  custom 
or  their  respective  contracts  or  obligations ;  and  that  no  part  of  such  losses  and 
expenses  already  incurred,  or  hereafter  to  be  incurred,  do  fall  on  him,  the  said 
C.  D.,  his  officers  or  crew. 

Thus  done  and  protested  in  the  city  of  New  York,  this ....  day  of. ... ,  in 
the  year  18. . 

In  testimony  whereof,  as  well  the  said  appearers,  as  I,  the  notary,  have  sub- 
scribed these  presents,  and  I  have  also  caused  my  seal  of  office  to  be  hereunto 
affixed,  the  day  and  year  last  above  written. 

A.  B.,         [l.  s.] 

Notary  Public 


CHAPTER  XXXTX. 

STRAYS. 

Whenever  any  person  shall  at  any  time  have  any  strayed 
horse  upon  his  inclosed  lands,  or  shall  have  any  strayed  neat 
cattle  or  sheep  upon  his  inclosed  lands,  between  the  1st  day  of 
April  and  1st  day  of  November,  he  shall  within  ten  days  after 
the  coming  of  the  stray  thereon,  deliver  to  the  clerk  of  the  town 
within  which  such  lands  shall  be,  a  note  in  writing  containing 
his  own  name  and  place  of  abode,  and  the  age,  color  and  marks, 
natural  and  artificial,  of  each  stray,  as  near  as  may  be.  Unless 
such  notice  is  given  within  the  ten  days  the  person  upon  whose 
grounds  the  strays  are  found,  cannot  recover  any  compensation  for 
keeping. 

The  town  clerk  is  to  enter  such  receipt  in  a  book  for  which,  on 
entry,  he  is  to  receive  six  cents  each  for  horses  and  neat  cattle, 
and  three  cents  each  for  sheep.  The  book  in  which  such  entries 
are  made  is  to  be  always  open  for  inspection  without  charge.  The 
person  delivering  the  note  is  entitled  to  receive  nine  cents  each  for 
all  neat  cattle  and  horses,  and  three  cents  each  for  sheep,  describ- 
ed in  the  note ;  and  he  may  detain  the  strays  till  the  owner  pays 
such  fees,  and  the  fees  by  him  paid  the  clerk,  and  such  reasonable 
charges  for  keeping  the  strays  as  shall  be  ascertained  and  fixed 
by  two  of  the  fence  viewers  of  the  town,  to  be  selected  by  the 
person  claiming  the  same,  in  case  he  and  the  owner  of  the  stiray 
cannot  otherwise  agree. 

If  the  strays  are  not  claimed  before  the  first  day  of  May,  then 
the  person  having  charge  of  such  strays  between  the  first  and  the 
twentieth  days  of  May,  is  to  call  on  the  fence  viewers  of  the  town 
who  shall  ascertain,  according  to  the  best  of  their  knowledge  and 
judgment,  the  reasonable  charges  of  keeping  such  stray,  and 
shall  give  a  certificate  thereof  to  the  person  applying  for  the 
same ;  and  the  person  who  shall  have  delivered  such  note  and 
kept  such  stray,  may  proceed  to  sell  the  same  by  public  auction 
to  the  highest  bidder.     For  this  purpose,  he  shall  give  at  least 


STRAYS.  529 

twenty  days'  notice  of  the  time  and  place  of  such  sale,  by 
advertisement,  to  be  posted  up  at  three  of  the  most  public 
places  in  the  town  where  the  strays  shall  have  been  kept. 

Out  of  the  moneys  arising  on  the  sale  of  such  strays,  the 
various  fees  and  charges  above  specified  are  to  be  paid,  including 
such  charges  as  are  allowed  on  sales  under  executions  from 
Justices'  Courts ;  and  the  residue  of  the  money  is  to  be  paid  to 
the  owner  of  the  strays,  if  he  demand  the  same.  If  the  owner 
does  not  appear  and  demand  the  residue  of  the  money,  within 
one  year  from  the  day  of  sale,  he  shall  be  forever  precluded 
from  the  same,  and  it  is  to  be  paid  to  the  Supervisor  for  the  use 
of  the  town,  his  receipt  being  a  legal  dischai-ge  to  the  keeper  of 
such  strays.  Unless  the  residue  of  such  money  is  paid  to  the 
Supervisor,  within  thirty  days  after  the  expiration  of  the  year, 
the  person  who  shall  have  sold  the  strays  shall  forfeit  double 
the  sum  so  remaining  in  his  hands,  together  with  the  amount 
of  such  residuary  moneys. 

It  shall  not  be  lawful  for  any  cattle,  horses,  sheep  and  swine 
to  run  at  large  in  any  public  highway  in  this  State.  Any  per- 
son may  seize  and  take  into  his  custody  and  possession,  any 
animal  which  may  be  in  a  public  highway,  and  opposite  to  land 
owned  or  occupied  by  him,  contrary  to  the  provisions  of  the 
statute.  The  person  taking  possession  of  such  animal  is  to  give 
immediate  notice  thereof  to  a  justice  of  the  peace,  or  a  com- 
missioner of  highways,  of  such  town ;  and  such  justice  or 
commissioner  is  to  give  notice,  by  affixing  the  same  in  six 
public  and  conspicuous  places  in  said  town,  one  of  which  shall 
be  the  district  school  house  nearest  the  residence  of  such  justice 
or  commissioner,  that  such  animal  will  be  sold  at  public  auction, 
in  some  convenient  place  in  said  town,  not  less  than  fifteen  nor 
more  than  thirty  days  from  the  time  of  affixing  such  notice. 
Any  person  entitled  to  the  possession  of  such  animal,  may 
demand  possession  thereof  before  the  day  of  sale,  and  on  ])aying 
the  fees,  may  take  the  same.  But  if  no  person  claims  posses- 
sion, then  the  animal  is  to  be  sold  at  public  auction  ;  and  the 
owner  of  such  animal  may,  in  one  year  from  tlie  sale,  demand 
the  surplus  arising  from  such  sale,  over  and  above  the  fees  and 
expenses  incurred.  If  not  so  demanded,  it  is  to  be  paid  to  the 
supervisor  for  the  use  of  the  town.  (Laws  of  1862,  chna  459.) 
67 


1 


FORMS. 


NOTICE    OF   STKAYS    FOR   THE    TOWX   CLERK. 

To  all  persons  whom  it  may  concern : 

Take  notice,  that  on  the  20th  day  of  November,  1859,  one  yoke  of  -work- 
ing oxen,  of  a  red  color,  with  a  white  spot  in  the  forehead  of  each,  and  the 
left  hind  foot  of  each  one  white,  and  having  on  brass  buttons,  strayed  upon 
mv  inclosed  lands  in  the  town  of  Knox,  where  I  reside,  and  now  remain  there. 

^  B.  B. 

Knox,  November  22d,  1859. 


No.    3. 

NOTICE    OF    SALE STRAY    NOT    REDEEMED. 

Take  notice,  that  whereas,  on  the  20  th  day  of  November  last  past,  there 
strayed  on  to  my  inclosed  land  in  the  town  of  Knox,  one  yoke  of  working 
oxen,  of  a  red  color,  with  a  white  spot  in  the  forehead  of  each,  and  the  left 
hind  foot  of  each  one  being  white,  and  the  same  not  having  been  redeemed 
by  the  owner  thereof;  now,  in  pursuance  of  the  statute  in  such  case  made  and 
provided,  I  shall  expose  the  same  for  sale  at  pubUc  auction,  to  the  highest  bid- 
der on  the day  of next  {or  instant),  at  12  o'clock  noon,  in  front  of 

the  town  house  in  said  town  of  Knox. 

B.  B. 

Dated  the. ..  .day  of ,  1860. 


CERTIFICATE   OF    FENCE   VIEWER. 

I,  G-.  C,  Fence  Viewer  of  the  town  of  Knox,  hereby  certify  that  B.  B.  is 
entitled  to  receive  from  the  owner  of  the  yoke  of  oxen  which  came  on  to  his 
inclosed  lands  in  said  town,  the  sum  of  $25  as  his  reasonable  charges  for 

keeping  the  same  from  the day  of ,  18.  .,  to  the.  . .  .day  of ,  18. ., 

and  that  my  fees  in  this  matter  amount  to  $ ...  . 

G.  C,  Fence   Viewer 

Knox,  May  20,  1860. 


STRAYS.  531 

No.    4. 

RECEIPT   OF   SUPERVISOR. 

Knox,  June  3,  1860.  Received  of  B.  B.,  $65,  being,  a?  he  alleges,  the 
residue  of  the  proceeds  of  sale  of  certain  oxen,  after  deducting  the  fees, 
charges  and  expenses  of  notice,  keeping  and  sale,  said  oxen  having  been 
advertised  and  sold  by  him  at  public  auction,  as  strays,  in  accordance  with 

the  nrovisions  of  the  statute,  on  the day  of ,  18 . .. 

S.  T.,  Supervisor  of  the  Town  of  Knox. 


NOTICE   OF   SALE   OF   ANIMALS STRAYING   ON   THE    HIGHWAY. 

To  all  persons  whom  it  may  concern : 

Take  notice,  that  on  the day  of ,  186.  (describe  the  animal), 

was  seized  and  taken  by  A.  B.,  found  by  him  running  at  large  in  the  public 

highway,  opposite  to  land  owned  (or  occupied)  by  him,  in  town  of , 

county  of ,  and  State  of  New  York,  contrary  to  the  provisions  of 

the  act,  entitled  "  An  act  to  prevent  animals  running  at  large  in  the  public 
highways,"  passed  April  23,  1862,  and  due  notice  of  such  seizure  having  been 

given  by  him  to  the  subscriber,  a of  said  town,  in  accordance  with 

said  act :   Notice  is  therefore  hereby  given,  that  said  animal  will  be  sold  at 

public  auction,  to  the  highest  bidder,  at ,  in  said  town,  on  the 

day  of ,  186.,  at  . .  o'clock  in  the noon,  pursuant  to  the  pro- 
visions of  the  act  aforesaid. 

M.  N.,  Justice  of  the  Peace. 
(  Or,  Commissioner  of  Highways.) 

Dated  tlie day  of ,  18. .. 


CHAPTER  XL. 

TAXES. 

All  lands  and  all  personal  estate  within  this  State,  whether 
owned  bj  individuals  or  by  corporations,  shall  be  liable  to  taxa- 
tion, except  the  following ; 

1.  All  property,  real  or  personal,  exempted  from  taxation  by 
the  Constitution  of  this  State,  or  under  the  Constitution  of  the 
United  States. 

2.  All  lands  belonging  to  this  State  or  the  United  States. 

8.  Every  building  erected  for  the  use  of  a  college,,  incorpo- 
rated academy  or  other  seminary  of  learning ;  every  building  for 
public  worship,  every  school  house,  court  house  and  jail ;  and 
the  several  lots  whereon  such  buildings  are  situated,  and  the  fur- 
niture belonging  to  each  of  them. 

4.  Every  poor  house,  alms  house,  house  of  industry,  and 
every  house  belonging  to  a  company  incorporated  for  the  refor- 
mation of  offenders,  and  the  real  and  personal  property  belong- 
ing to,  or  connected  with,  the  same. 

5.  The  real  and  personal  property  of  every  public  library. 

6.  All  stocks  owned  by  the  State,  or  by  literarj^  or  charitable 
institutions. 

7.  The  personal  estate  of  every  incorporated  company  not 
made  liable  to  taxation  on  its  capital  by  statute. 

■  8.  The  personal  property  of  every  minister  of  the  gospel,  or 
priest,  of  any  denomination ;  and  the  real  estate  of  such  minister 
or  priest,  when  occupied  by  him,  provided  such  real  and  per- 
sonal estate  do  not  exceed  in  value  one  thousand  five  hundred 
dollars. 

9.  All  property  exempted  by  law  from  execution. 


TAXES.  533 

Where  tbe  real  and  personal  estate  of  a  minister  or  priest  ex 
ceeds  the  value  of  one  thousand  five  hundred  dollars,  that  sum 
shall  be  deducted  from  the  value  of  his  property  and  the  residue 
shall  be  liable  to  taxation. 

Personal  property  is  to  be  taxed  in  the  town  or  ward  where  the 
■owner  lives.  Unoccupied  lands  in  the  town  or  ward  where  they 
are  situated,  when  the  boundary  divides  the  tract  or  farm.  But 
if  tlie  farm  or  tract  divided  by  a  boundary  line  be  occupied,  it  is 
to  be  assessed  where  the  occupant  resides. 

The  assessors  prepare  the  assessment  roll,  arranging  it  in  four 
separate  columns,  as  follows : 

1.  In  the  first  column,  the  names  of  all  the  taxable  inhabi- 
tants in  the  town  or  ward,  as  the  case  ma}'  be. 

2.  In  the  second  column,  the  quantity  of  land  to  be  taxed  to 
each  person. 

3.  In  the  third  column,  the  full  value  of  such  land,  according 
to  the  definition  of  the  term  land  as  given  in  the  statute  in  regard 
to  taxes. 

4.  In  the  fourth  column,  the  full  value  of  all  the  taxable  per- 
sonal property  owned  by  such  person,  after  deducting  the  just 
debts  owing  by  him. 

The  assessment  roll  is  to  be  completed  on  or  before  the  first  of 
August  in  each  year,  and  notice  is  to  be  given  when  the  Asses- 
sors will  meet,  to  hear  and  examine  in  regard  to  complaints  of  any 
persons  deeming  themselves  aggrieved.  After  completing  the 
roll  the  Assessors  are  to  annex  thereto  their  afiidavit,  and  the  roll 
so  certified,  on  or  before  the  first  day  of  September,  is  to  be 
placed  in  the  hands  of  the  Supervisor. 

The  Board  of  Supervisors  are  to  examine  and  correct  the 
assessment  rolls,  have  a  copy  of  the  same  made,  to  which  is  to 
be  appended  their  warrant  for  collection,  and  it  is  then  to  be 
placed  in  the  hands  of  the  collector.  By  the  warrant  he  is  direc- 
ted to  collect  the  moneys  therein  named,  and  to  pay  to  the  Su- 
pervisor of  the  town  the  amount  raised  therein  for  conmion 
schools,  and  to  defray  town  expenses;  to  the  Commissioners  of 
Highways  the  amount  raised  for  the  support  of  highwaj's  and 
bridges ;  to  the  Overseers  of  the  Poor  the  amount  raised  for  the 
support  of  the  poor;  and  to  the  Treasurer  of  the  county  the 
jesiduo  of  the  monevs  to  be  raised. 


534  THE  CLERK'S  ASSISTANT. 

The  Collector  on  receiving  the  warrant  is  to  post  a  notice  in 
five  public  places  in  the  town  or  ward,  stating  where  he  will 
attend  from  9  o'clock  A.  M.  to  4  o'clock  P.  M.,  at  least  once  in 
each  week  for  thirty  days  to  receive  taxes ;  and  he  is  not  entitled 
to  receive  more  than  one  per  cent  fees  on  taxes  paid  within  the 
thirty  days ;  except  in  cases  where  the  amount  to  be  collected 
when  the  warrant  is  put  into  his  hands  does  not  exceed  the  sum 
of  two  thousand  dollars,  and  in  such  cases  he  is  to  receive  two 
per  cent  fees. 

After  the  thirty  days  he  is  to  proceed  to  collect  the  unpaid 
taxes,  and  when  necessary  by  the  levy  and  sale  of  the  goods  and 
chattels  of  the  person  who  ought  to  pay  the  same.  On  all  taxes 
collected  after  the  thirty  days,  he  is  entitled  to  receive  five  per 
cent  fees  for  collecting. 

If  any  taxes  in  the  list  remain  unpaid,  and  the  Collector  shall 
not  be  able  to  collect  the  same,  he  shall  return  an  account  of  the 
taxes  so  rerftaining  due  to  the  County  Treasurer  of  the  county, 
with  his  afiidavit  annexed  thereto,  that  the  sums  mentioned  in 
such  account  remain  unpaid,  and  that  he  has  not,  upon  diligent 
inquiry,  been  able  to  discover  any  goods  or  chattels,  belonging 
to,  or  in  the  possession  of  the  persons  charged  with,  or  liable  to 
pay  such  sums,  whereon  he  could  levy  the  same ;  and  the  County 
Treasurer  is  authorized  to  issue  his  warrant  to  any  Constable  or 
Sheriff  of  the  county  where  the  person  resides  who  should  pay 
the  same,  to  collect  the  same  out  of  the  personal  property  of  such 
person. 

The  County  Treasurer,  on  receiving  from  the  Collector  the 
account  of  unpaid  taxes,  is  to  compare  the  same  with  the  original 
assessment  roll,  and  if  he  finds  it  correct,  he  is  to  transmit  the 
account  and  Collector's  affidavit  to  the  Comptroller,  with  the  cer- 
tificate that  he  has  compared  the  account  with  the  entries  of  the 
same  taxes  in  the  original  assessment  roll,  and  has  found  the 
same  to  be  a  true  transcript  of  such  roll. 

Any  person  whose  lands  are  assessed,  may  pay  his  assessment 
to  the  Treasurer  of  the  county,  provided  such  payment  be  made 
to  the  County  Treasurer  before  he  shall  have  made  his  annual 
return  of  arrears  of  taxes  to  the  Comptroller;  after  such  returns, 
the  taxes  are  to  be  paid  to  the  Comptroller  provided  they  are 
paid  before  the  lands  are  sold. 


TAXES.  535 

Whenever  the  tax  on  lands  returned  to  tlie  Comptroller  remain 
unpaid  for  two  years  from  the  first  day  of  May  after  the  same 
was  assessed,  the  Comptroller  may  proceed  to  sell  the  lauds,  to 
pay  such  tax. 

He  is  to  make  out  a  list  of  all  lands  to  be  sold,  and  send  copies 
of  such  list  to  the  several  County  Treasurers,  in  sufficient  num- 
ber that  he  may  have  five  copies  for  himself,  and  two  copies  for 
each  Town  Clerk  in  the  county,  and  the  lands  of  each  county 
which  are  to  be  sold  are  to  be  advertised,  for  the  space  of  ten 
weeks  prior  to  the  commencement  of  the  sale  in  each  of  the 
papers,  in  such  county,  as  are  designated  by  the  Board  of  Super- 
visors for  publishing  the  session  laws. 

The  Comptroller  sells  the  whole  or  so  much  of  each  parcel  as 
shall  be  sufficient  to  pay  the  tax  :  and  gives  to  the  purchaser  a 
certificate,  specifying  the  amount  sold,  and  the  price  paid  for  the 
same.  If  no  person  redeem  the  lands  within  two  years  from  the 
day  of  sale,  the  Comptroller  shall  execute  and  deliver  to  the 
holder  of  the  certificate  a  conveyance  of  the  real  estate  so  sold. 

Any  person  having  an  interest  in  the  lands  so  sold  for  taxes 
may  redeem  the  same  or  any  part  thereof,  at  any  time  within  two 
years  from  the  day  of  sale  by  the  Comptroller. 

Whenever  any  lot  or  separate  tract  of  land  shall  at  the  time 
of  the  expiration  of  the  two  years  given  for  redemption  thereof 
be  in  the  occupation  of  any  person,  the  grantee  under  the  tax 
sale,  or  the  person  claiming  under  him,  shall  serve  a  written  notice 
on  the  person  occupying  such  land,  within  two  years  from  the 
expiration  of  said  time  to  redeem,  stating  in  substance  the  sale 
and  conveyance,  tlie  person  to  whom  made,  and  the  amount  of 
the  consideration  money  mentioned  in  the  conveyance,  wliich  with 
the  addition  of  thirty-seven  and  a  half  per  cent  on  such  amount,  and 
a  further  addition  of  the  sum  paid  for  the  deed,  shall  be  paid  into 
the  Treasury  for  the  benefit  of  such  grantee  within  six  months 
after  the  time  of  filing  in  the  Comptroller's  office  the  evidence 
of  the  service  of  the  said  notice,  or  the  said  conveyance  will 
become  absolute,  and  the  occupants  and  all  others  interested  in 
the  land,  be  forever  barred  from  all  right  or  title  thereto. 

If  the  land  sold  for  taxes  is  mortgagod,  the  purchaser  should 
aive  the  mortgascee  notice  of  such  sale,  and  that  he  could  redeem 


536  THE  CLERK'S  ASSISTANT. 

the  lands ;  and  if  the  mortgagor  redeems  he  has  a  lien  ovei 
against  the  mortgagor  for  the  amount  paid  and  interest. 

Where  the  sale  is  for  any  cause  invalid,  or  there  is  a  misde- 
scription of  the  land,  so  that  it  cannot  be  located,  the  Comptrol. 
ler  may  cancel  the  sale  and  refund  the  money  paid  for  taxes. 

For  several  of  the  cities  and  villages  of  this  State,  slight  modi- 
lications  have  been  made  in  some  of  the  preceding  provisions, 
as  in  the  city  of  New  York,  the  sale  for  taxes  is  made  by  the  city 
Comptroller,  and  in  the  city  of  Albany,  they  are  made  by  the 
Chamberlain. 

The  Assessors  are  also  to  include  in  their  assessment  roll,  the 
names  of  all  persons  in  their  assessment  districts  between  the 
ages  of  eighteen  and  forty-five  years,  liable  to  be  enrolled  by 
the  laws  of  the  United  States,  and  such  persons  as  are  not  exempt 
from  military  duty  are  to  pay  a  commutation  fee  of  fifty  cents, 
which  is  to  be  collected  by  the  Collectors  in  the  same  manner  aa 
taxes  are  collected. 


f 


FORMS. 


No.    1 


NOTICE    OF    COMPLETION    OF    ASSESSMENT. 


Notice  is  hereby  given,  that  the  Assessors  of  the  town  of  Knox,  have 
finished  their  assessment  roll  for  the  preseiTt  year,  and  a  copy  of  the  same  is 
left  with  A.  B.,  one  of  the  undersigned,  at  his  office,  where  the  same  may  be 
seen  or  examined  by  any  of  the  inhabitants  of  said  town,  during  twenty  days 
from  the  dateof  this  notice,  at  any  time  between  the  hours  of  9  a.  m.,  and 
8  p.  M.,   and  the  undersigned  assessors  will  meet  at  the  office  of  said  A.  B. 

in  said  town,  on  the day  of..    .,  18. .,  at  9  o'clock  in  the  forenoon  to 

review  their  assessments,  on  the  application  of  any  person  conceiving  himself 
aggrieved. 


Knox,  the..., day  of. . . .,  18,. 


A. 
C. 
E. 


B., 
D., 


Assessors. 


JVo.    3, 

ASSESSMENT    ROLL. 

Assessment  Roll  of  the  town  of  Knox,  for  the  year  1860. 


TAXABLE    IN- 
HABITANTS. 


A.  B. 


NO.    OF  ACRES 
LAND  TAXED. 


COO. 


VALUE     OF 
LAND  TAXED. 


$3,000.00. 


VALUE  OF  PER- 
SONAL    ESTATE. 


S-1,000.00. 


MILITARY 
ROLL. 


.$0.50. 


AMOUNT 
OF  TAX. 


:js<t.  3. 

ASSESSMENT    ROLL   OF   NON-RESIDENTS. 

Assessment  Roll  of  the  town  of  Chazy  for  the  year  1860. 


KAITE     OP    TRACT 
OR  PATENT. 

NO. 

LOT. 

PART. 

NO.    SEC- 
TION. 

NO.    OP     'no. 
TOWTfSHIP 

RANGE. 

NO.      ACRES. 

VALUATION 

Ox  Bow  Tract. 

South 

3 

15                  :5 

GOO 

?;}oo.oo 

6§ 


538  THE  CLERK'S  ASSISTANT. 

Ifo.    4. 

OATH    OF    ASSESSORS    ON    ASSESSMENT    ROLL. 

State  of  New  Yorh,  County  of  Albany,  ss.  We,  the  undersigned,  do  severally 
depose  and  swear  that  we  have  set  down  in  the  foregoing  assessment  roll  all 
the  real  estate  situated  in  the  town  of  Knox,  in  said  county,  according  to  our 
best  information,  and  that,  with  the  exception  of  those  cases  in  which  the 
value  of  the  said  real  estate  has  been  changed  by  reason  of  proof  produced 
before  us,  we  have  estimated  the  value  of  the  said  real  estate,  at  the  sums 
which  a  majority  of  the  assessors  have  decided  to  be  the  full  and  true  value 
thereof,  and  at  which  they  would  appraise  the  same  in  payment  of  a  just  debt 
due  from  a  solvent  debtor;  and  also  that  the  said  assessment  roll  contains  a 
true  statement  of  the  aggregate  amount  of  the  taxable  personal  estate  of  each 
and  every  person  named  in  such  roll,  over  and  above  the  amount  of  debts  due 
from  such  persons  respectively,  and  excluding  such  stock  as  are  otherwise  tax- 
able, and  such  other  property  as  is  exempt  by  law  from  taxation,  at  the  full 
and  true  value  thereof,  according  to  our  best  judgment  and  belief. 

A.  B. 
-CD. 

E.   F 
£  certify  that  foregoing  was  severally  subscribed  and  ) 
sworn  by  said  Assessors  before  me  this ....  day  of ,  \ 

M.  P.,  Justice  of  the  Peace. 


JSo.    5. 

OATH    OF   ASSESSORS   TO    THE   MILITARY    ROLL. 

County  of  Clinton,  Town  of. . . .,  ss.  The  undersigned  Assessors  of  the  town 
of.  . . .,  in  the  county  of  Clinton,  being  severally  sworu,  say  that  they  have 
made  strict  and  diligent  inquiry,  to  ascertain  the  names  of  all  persons  required 
to  be  enrolled,  as  liable  to  military  duty  by  the  laws  of  the  United  States, 
residing  in  said  town  of. ...  ;  that  the  roll  hereto  annexed,  is,  as  near  as  these 
deponents  can  ascertain,  a  correct  roll  of  all  persons  residing  in  said  town 
who  are  liable  to  be  enrolled. 

A.  B., 

C.  D„ 

E.   R, 

Assessors. 
Severally  subscribed  and  sworn  before  ) 
me  this ....  day  of . . . .  18 . .  \ 


M.  P.,  Justice  of  the  Peace. 


:Sif>.    6. 

collector's  bond. 

Know  all  men  by  these  presents,  that  we  A.  B.,  C.  D.  and  E.  F.,  of ,  in 

the  county  of ,  are  held  and  firmly  bound  unto  G.  H.,  Supervisor  of  the 

town  aforesaid,  and  to  his  successor  or  successors  in  office,  in  the  penal  sum 
of  S4,000  (double  the  amount  named  in  the  Collector's  warrant)  to  be  paid  to 
the  said  G.  H.,  or  to  his  successor  or  successors  in  office ;  to  which  payment 
well  and  truly  to  be  made,  we  bind  ourselves,  our  lieirs,  executors  ana  admm- 
istrators  jointly  and  severally,  firmly  by  these  presents.  Sealed  ■with  our 
seals  and  dated  this ....  day  of. . . .,  18 . . 


TAXES.  539 

The  condition  of  this  obligation  is  such,  that  whereas  the  said  A.  B.,  has 
been  chosen,  or  appointed  collector  of  said  town  and  has  received  (or  will  re- 
ceive) the  assessment  roll  of  said  town,  for  tlie  purpose  of  collecting  the  taxes 
therein  named  (amounting  to  the  sum  of  $2,000;  ;  now,  therefore,  if  the  said 
A  B.,  shall  faithfully  execute  the  duties  of  said  collector,  then  this  obligation 
to  be  void,  otherwise  to  remain  iu  full  force  and  virtue. 

A.  B.  [l.  s.] 

C.  D.  [u  s.] 

E.  F.  |l.  S.J 

IV  o .    v. 

collector's  warrant. 

State  of  New  York,  County  of  Albany,  ss.  The  People  of  the  State  of  New 
Tork  to  A.  B.,  collector  of  the  town  of  Knox,  in  said  county  :  You  are  here- 
by commanded  to  receive  and  collect  from  the  several  persons  named  in  the 
assessment  roll,  hereunto  annexed,  and  herewith  delivered  to  you,  the  several 
sums  mentioned  iu  the  last  columns  thereof  opposite  to  their  respective  names 
(also  collect  the  sum  of  50  cents,  as  conmiutation  tax,  from  every  person  ap- 
pearing by  said  assessment  roll  liable  to  pay  the  same;  and  when  the  name 
of  any  person  between  the  ages  of  eighteen  and  twenty-one  years  shall  ap- 
pear in  said  roll  liable  to  pay  said  commutation  tax,  you  are  hereby  further 
directed  to  collect  the  said  sum  of  50  cents  of  the  father,  master  or  guardian 
with  whom  such  person  sliall  reside,  or  out  of  any  property  such  minor  may 
have  in  the  town).  And  on  all  sums  of  taxes  received  or  collected  within 
thirty  days  after  giving  the  notices  required  by  the  29th  section  of  the  act  of 
May  10th,  1845,  chapter  180,  and  the  acts  amending  the  same,  you  are  direct- 
ed to  receive  and  collect,  in  addition  to  the  taxes  named  in  the  said  assessment 
roll,  one  cent  (or  two  cents),  on  every  dollar  of  tax,  for  your  fees  for  collect- 
ing the  same.  And  on  all  sums  of  taxes  remaining  unpaid  after  the  expka- 
tion  of  thirty  days  from  posting  the  notices  specified  in  said  act,  you  are  di- 
rected to  receive  and  collect  in  addition  to  tlie  said  tax  so  remaining  unpaid, 
five  cents  on  every  dollar  for  your  fees  for  collecting  the  same,   and  you  are 

hereby  directed  out  of  the  moneys  so  collected  to  pay  on  or  before  the 

day  of ,  18.. 

To  the  Commissioner  of  Highways  of  said  town  the  sum  of  (insert  here  a 
lull  direction  as  to  what  officers  the  moneys  are  to  be  paid  and  the  amount  to 
be  i^aid  to  each). 

And  in  case  any  person  named  in  said  assessment  roll  shall  neglect  or  re- 
fuse to  pay  his  taxes  or  the  fees  for  collecting  the  same  (after  giving  the  notices 
and  waiting  the  time  specified  in  the  statute),  you  are  hereby  autliorized  to 
levy  ai;d  collect  the  said  taxes  and  fees  as  aforesaid,  by  distress  and  sale  of  the 
goods  and  chattels  of  such  person,  together  with  the  costs  and  charges  of  such 
distress  and  sale ;  and  for  so  doing  this  shall  be  your  sufficient  warrant. 

Given  under  the  hands  and  seals  of  the  undersigned,  the  Board  of  Super- 
visors of  the  county  of ,  at ,  the ....  day  of ,  18 . . 

N.  P.,         [l.  s.] 
Gr.  G.,  |L.  s.] 
Supervisors, 


ISo.    8. 

NOTICE    THAT    HE    IS    READY    TO    RECEIVE    TAXES. 


The  taxable  inhabitants  of  the  town  of.  . .  .will  take  notice  that  the  under- 
signed collector  of  taxes  in  and  for  said  tov/n  has  received  the  warrant  for  tho 


540 


THE  CLERK'S  ASSISTANT. 


collection  of  the  taxes  for  the  present  year,  and  will  attend  at ,  in 

said  town,  on  Tuesday  of  each  week  for  thirty  days  from  the  date  hereof,  from 
9  o'clock  in  the  forenoon  until  4  o'clock  in  the  afternoon,  for  the  purpose  of 

receiving  payment  of  taxes. 

C.  C,   Collector. 
Dated  the day  of 18... 


ISO.    9. 

ACCOUNT    OF    UNPAID    TAXES    TO    BE    TRANSMITTED    TO    COMPTROLLER. 

Accounts  of  unpaid  taxes  of  the  year  1859,  on  lauds  of  non-residents  in  the 
town  of ,  in  the  county  of 


NO.  OF  LOT. 

NAME  OF 
TRACT. 

NO.    OF 
ACRES. 

VALUATION. 

AMOUNT   OF   TAX  INCLUDING 
FIVE  PER  CENT  FOR  FEES. 

225. 

Ox  Bow. 

450. 

$450  00. 

$5    20. 

ISo.    lO. 

COLLECTORS   AFFIDAVIT    OF    UNPAID    TAXES. 

County  of Town  of ,  ss.     A.  B.,  being  duly  sworn,  says, 

he  is  collector  of  taxes  for  said  town  of ;   that  the  foregoing  is  a  true 

account  of  the  taxes  remaining  unpaid  upon  the  assessment  roll  of  said  town 
■for  the  year  1859;  that  the  sums  mentioned  in  such  account  remain  unpaid; 
and  that  he  has  not,  upon  diligent  inquiry,  been  able  to  discover  any  goods  or 
chattels,  belonging  to,  or  in  possession  of  the  persons  charged  with  or  hable 
to  pay  such  sums,  whereon  he  could  levy  the  same. 

A.  B. 
Sworn  before  me  this . , . .  ) 

day  of ,  18..,      \ 

P.  P.,  Treasurer  of  County  of 


JN"o.    11. 

COUNTY   treasurer's   CERTIFICATE   TO   COLLECTOR'S   RETURN. 


County  of. . . . 
Treasurer's 


Office 


'.\ 


I  certify,  that  the  preceding  is  the  account  of  unpaid  taxes  for  the  year  1859, 

delivered  to  me  by  A.  B.,  Collector  of  taxes  of  the  town  of ,    in    said 

county;  that  I  have  examined  and  compared  the  same  with  the  original 
assessment  roll  of  said  town  for  said  year,  and  found  the  same  to  be  in  all 
respects  a  true  transcript  from  such  roll. 

P.  P.,   County  Treasurer. 

Dated  at ,  the. . .  .day  of. . . .,  18.. 


TAXES.  541 

NOTICE  OF  LKVY  AND  SALE  BY  COLLECTOR. 

Take  notice,  that  by  virtue  of  a  Collector's  warrant,  to  me  delivered,  T  have 
levied  upon  and  taken  the  following  goods  and  chattels  of  P.  Q.  (insert  list  of 
articles  taken),  which  I  shall  sell  at  public  auction  at  the  dwelling  bouse  of 
L.  M.,  in  the  town  of. . . .,  on  the  day  of 18. .,  at  10  o'clock  in  the  fore- 
noon cf  that  day. 

A.  B.,   Collector, 

Dated  at .... ,  the  . . .  day  of. ... ,  18 . . 


ON"  o.    X3. 

collector's  affidavit  that  incorporated  company  has  not  paid  ta,x. 

Albany  City  and  County,  ss.  A.  B.,  of  the  town  of  Bern,  in  said  county, 
being  sworn,  says  that  on  the  . .  .day  of  January,  18. .,  he  demanded  of  the 
President  (or  Treasurer)  of  the  "  Agawam  Company  "  the  sum  of  $26,  the 
amount  of  tax  assessed  upon  said  company;  and  the  President  {or  Cashier) 
of  said  company  did  then  and  divers  times  since  has  refused  to  pay  said  tax 
or  any  part  thereof  assessed  on  said  company ;  and  said  company  has  no 
personal  property  from  which  said  tax  could  be  levied. 

A.  B. 

Sworn,  &c. ,  

jyo.  14, 

affidavit  to  reduce  tax  on  real  estate. 

Albany  County,  ss.  P.  0.,  of  the  town  of  Bern,  in  said  county,  bemg 
sworn,  says  that  the  value  of  real  estate  which  is  assessed  to  him  on  the 
assessment  roll  of  said  town,  for  the  year  18. .,  being  two  hundred  acres,  and 
estimated  on  said  roll  to  be  valued  at  §10,000  does  not  exceed  in  value 
$8,000. 

P.  0. 
Sworn  before  me  this. . . .  ) 
day  of. ...,  18..  ] 

A.  B.,  Assessor  of  the  Town  of.... 


TSo.    XO. 

AFFIDAVIT   TO   REDUCE   TAX   ON   PERSONAL   ESTATE. 

Albany  County,  ss.  0.  P.,  of  the  town  of  Knox,  in  said  county,  being 
sworn,  say?  that  the  value  of  the  personal  estate  owned  by  him,  does  not  ex- 
ceed the  sum  of  $ (or  amounts  to  nothing),  after  deducting  his  just  debts 

(and  his  property  invested  in  incorporated  companies  liable  to  taxation). 

0.  p. 

Sworn,  &c.  

Pf  o.    X6. 

WARRANT   OF   COUNTY   TREASURER   TO   COLLECT   TAX. 

The  People  of  the  State  of  New  York  to  any  Collector  {or  to  the  Sheriff)  of 
the  county  of.  . . .,  Greeting: 
You  are  hereby  commanded  to  make  of  the  goods  and  chattels  of  M.  M.  in 
your  county,  the  sum  of  ^33,  being  the  amount  assessed  to  the  said  M.  M   in 


542  THE  CLERK'S  ASSISTANT. 

the  town  of  Fonda,  county  of  Montgomerj^,  under  and  in  pursuance  of  the 
provisions  of  an  act  entitled  "An  act  to  equalize  taxation,"  passed  May  13 
184G,  and  of  the  several  acts  passed  amendatory  of  the  same,  together  with 
$1  foi  this  warrant;  and  if  sufficient  goods  and  chattels  cannot  be  found  in 
your  county  to  make  the  said  sums  of  money,  then  you  are  required  to  levy  and 
make  the  same  of  the  real  estate  and  chattels  real  of  the  said  M.  M.  of  which 
he  was  seised  at  the  time  this  warrant  came  to  your  hands;  and  you  are  to 
return  this  warrant,  and  to  pay  over  the  moneys  collected  by  virtue  thereof 
to  the  undersigned,  the  Treasurer  of  the  county  of  Montgomery  on  or  before 
the.... day  of....,  18.. 

P.  P.,   Treasurer  of  Montgomery   Coimty. 


NOTICE  TO  OCCUPANT  OF  LAND  SOLD  AT  TAX  SALE. 

To  A.B.: 

Take  notice,  that  at  a  sale  of  lands  for  taxes,  made  by  the  Comptroller  of 
the  State  of  New  York,  at  the  Capitol  in  the  city  of  Albany,  in  the  month  of 
November,  18. .,  M.  M.  purchased  a  lot,  piece  or  parcel  of  land,  described  as 
follows,  to  wit :  (description),  for  which  he  paid  $20  consideration  money, 
which  lot  or  piece  of  land  I  understand  you  reside  upon  or  occupy,  or  have  in 
your  possession.  Also  please  to  take  notice  that  the  Comptroller  did  on  the 
. . .  .day  of. . . .,  A.  D.,  18. .,  convey  to  M.  M.  the  aforesaid  described  piece 
or  lot  of  land,  by  deed,  for  the  consideration  above  expressed;  and  unless  the 
said  consideration  money,  with  the  addition  of  37|  per  cent,  and  50  cents  for 
the  Comptroller's  deed,  shall  be  paid  into  the  office  of  the  Treasurer  of  the 
State  of  New  York,  for  the  benefit  of  such  grantee,  within  six  months  after 
evidence  of  the  service  of  this  notice  is  filed  in  the  Comptroller's  office,  the 
conveyance  of  the  Comptroller  will  become  absolute,  and  the  occupant  or 
occupants,  and  all  others  interested  m  the  said  lands,  be  forever  barred  from 
all  right  or  title  thereto.  ♦ 

Yours,  &c.,  M.  M. 

Dated A.  D.  18.. 


No.    X8. 

PROOF    OF    SERVICE    OF    NOTICE    ON    OCCUPANT. 

State  of  New  York,  Albany  County,  ss.  I,  N.  P.,  being  duly  sworn,  de- 
pose and  say,  that  I  did,  on  the. . .  .day  of. . . .,  18. .,  serve  a  copy  of  the 
above  notice  on  A.  B.  personally  (or  by  leaving  the  same  at  the  dwelling 
house  of  the  said  A.  B.  with  a  person  of  suitable  age  and  discretion  belonging 
to  his  family)  who  was  the  occupant  and  had  the  possession  of  said  lot;  and 
that  I  examined  said  lot,  and  inquired  whether  there  was  any  other  occupant 
on  said  lot,  and  could  not  ascertain  that  there  was  any,  and  believe  that  there 
was  no  other  occupant  on  said  premises. 

N.  P. 

Albany  City  and  County,  ss,  I  certify,  that  the  above  named  N.  P.  came 
before  me,  this  27th  day  of  July,  1860,  subscribed  his  name  to  the  above  affi- 
davit, and  swore  that  its  contents  were  true.  A.nd  I  also  certify  that  I  am 
well  acquainted  with  the  said  N.  P.,  and  know  him  to  be  a  man  of  credibihty 
and  would  place  the  fullest  confidence  in  all  representations  made  by  him,  as 
a  man  of  truth  and  veracity. 

S.  S.,    Commissioner  of  Deeds. 

Dated  this  27th  day  of  July,  1860. 


CHAPTER  XLI.  . 

TOWN  OFFICERS. 

The  town  meetings  of  the  several  towns  in  this  State  are  to  be 
held  on  some  day  between  the  first  day  of  February  and  the  first 
day  of  May  in  each  year,  to  be  appointed  from  time  to  time  by 
the  Boards  of  Supervisors,  so  that  the  town  meetings  of  every 
town  in  the  same  county  shall  be  held  on  the  same  day. 

There  shall  be  chosen  at  the  annual  town  meeting  in  each  town, 
one  Supervisor ;  one  Town  Clerk ;  three  Assessors ;  one  Collec- 
tor; one  or  two  Overseers  of  the  Poor;  one  or  three  Commis- 
sioners of  Highways ;  not  more  than  five  Constables ;  one  Town 
Sealer  of  Weights  and  Measures;  so  many  Pound  Masters  as 
the  electors  may  determine ;  and  as  many  Overseers  of  High- 
w'ays  as  there  are  road  districts  in  the  town. 

The  electors  of  each  town  shall  have  power  at  their  annual 
town  meeting  to  determine  whether  they  will  choose  one  or  two 
Overseers  of  the  Poor ;  whether  there  shall  be  chosen  one  or 
three  Highway  Commissioners ;  what  number  of  Constables  and 
Pound  Masters  shall  be  chosen ;  to  elect  such  Town  Officers  as 
may  be  required  to  be  chosen;  to  make  provisions  for  the 
destruction  of  noxious  weeds ;  to  establish  and  maintain  pounds ; 
to  establish  compensation  of  Fence  Viewers ;  to  establish  rules 
and  regulations  for  ascertaining  the  sufficiency  of  fences;  for 
determining  the  times  and  manner  in  which  cattle,  horses  or 
sheep,  shall  be  permitted  to  go  at  large  on  highways ;  and  for 
impounding  animals ;  to  buy  sites  for  and  to  build  town  houses ; 
and  to  take  measures  and  give  directions  for  the  exercise  of  the 
corporate  powers  of  the  towns. 

The  Justices  of  the  Peace  of  each  town  are  to  attend  and  pre- 
side at  every  town  meeting,  and  the  presiding  officer  has  authority 


544  THE  CLERK'S  ASSISTANT. 

to  preserve  order,  to  enforce  obedience,  and  to  commit  for  dis- 
orderly conduct.  If  there  be  no  Justice  present  then  a  mode- 
rator is  to  be  chosen  to  preside. 

Vacancies  in  all  town  offices,  except  office  of  Supervisor,  Over- 
seer of  the  Poor,  Collector,  or  Overseer  and  Commissioner  of 
Highwaj^s  shall  be  supplied  b}^  appointment  under  the  hands  and 
seals  of  three  Justices  of  the  town,  provided  such  vacancy  is  not 
supplied  by  election  within  fifteen  days  after  the  happening  of 
such  vacancy.  The  Supervisor  and  any  two  Justices  may  ap- 
point a  Collector  in  case  of  a  vacancy.  Yacancies  in  the  office 
of  Assessor  and  Commissioner  of  Highways  are  supplied  by  an 
appointment  in  writing,  under  the  hand  of  two  Justices  of  the 
Peace;  and  vacancies  in  the  office  of  Supervisor  and  Overseer 
of  the  Poor  may  be  supplied  by  warrant  under  the  hands  and 
seals  of  the  Justices  of  the  town. 

The  Supervisor,  Town  Clerk,  and  Justices  of  the  Peace,  or 
any  two  of  the  Justices  of  the  Peace,  constitute  a  board  of  town 
auditors,  and  shall  meet  annually  in  each  town,  at  the  place  of 
holding  the  last  town  meeting,  on  the  last  Thursday  preceding 
the  annual  meeting  of  the  Board  of  Supervisors  for  the  purpose 
of  auditinix  and  allowing  town  accounts.  The  board  of  town 
audit  are  to  make  a  certificate  specifying  the  name  of  the 
person  in  whose  name  the  account  is  drawn,  the  nature  of  the 
demand  and  the  amount  allowed.  A  copy  of  this  certificate  is 
laid  before  the  Board  of  Supervisors,  and  they  are  directed  to 
cause  to  be  levied  and  raised  upon  said  town  the  amount  specified 
in  said  certificate. 

The  Supervisor  of  each  town  shall  receive  and  pay  over  all 
moneys  raised  therein  for  defraying  town  charges,  except  those 
raised  for  the  support  of  highways  and  bridges,  of  common 
schools  and  of  the  poor,  where  poor  moneys  shall  be  raised.  He 
is  to  keep  an  account  of  his  receipts  and  disbursements,  which 
are  to  be  examined  and  certified  by  the  Justices  and  Town  Clerk 
of  his  town.  He  forms  one  of  the  board  of  town  audit,  and 
is  to  attend  all  the  meetings  of  the  Board  of  Supervisors. 

The  Board  of  Supervisors  have  power  to  make  such  orders 
concernmg  buying,  selling  or  improving  real  estate  for  county 
purposes ;  to  examine  and  settle  all  accounts  against  the  same  and 
to  raise  money  to  pay  the  same ;  to  audit  the  accounts  of  town 


TOWX  OFFICERS.  545 

ofi&cers,  and  direct  the  raising  of  money  to  pay  the  same;  to 
direct  the  raising  money  in  their  several  towns  for  constructing 
or  repairing  roads  and  bridges ;  to  divide  or  alter  in  its  bounds 
any  town,  or  erect  a  new  town,  provided  that  they  shall  not  place 
parts  of  any  town  in  more  than  one  Assembly  district;  to  borrow 
money  for  the  use  of  the  county ;  to  make  '«  ws  for  the  destruc- 
tion of  wild  beasts,  thistles  or  noxious  weeds;  to  prevent  the 
injury  and  destruction  of  sheep  by  dogs ;  to  levy  and  enforce  the 
collection  of  any  tax  upon  dogs ;  to  provide  for  the  protection 
of  all  kinds  of  game ;  and  to  act  as  a  Board  of  County  Canvas- 
sers for  their  respective  counties. 

69     ■ 


FORMS. 


CONSTITUTIONAL   OATH   OF   A   TOWN   OFFICER. 

County  of  Broome,  ss.  I,  A.  B.,  do  solemnly  swear  {or  aSirm'  tnat  I  wil 
support  the  Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the  office 
of  Supervisor  {or  Town  Clerk  or  Assessor,  or  Overseer,  or  Commissioner  of 
Highways,  or  Constable,  or  Collector,  or  Justice  of  the  Peace),  of  the  town  of 

,  in  said  county,  according  to  the  best  of  my  abil'.ty. 

A,  B. 
Subscribed  and  sworn,  &c. 


supervisor's  book  of  account. 
A,  B.,  Supervisor,  in  account  with  the  town  of  Broome, 


Dr. 


1860.  Feb.     1, 
"     March  3, 


To  amount  received  of  G.  H.,  Town  Collector, 
"         "  as  penalty  collected  by  N.  M.  of  P.  V., 


Contra. 


13 


Cr. 


1860,  March  2, 
"     April 


By  am't  paid  L.  L.,  Counsel  fee  in  suit  ads.  of  G.  G., 
"  "  C.  C,  Inspector  of  Elections, 


$25 
3 


3Vo.    3. 

CERTIFICATE   OF   EXAMINING   SUPERVISOR'S  ACCOUNTS. 

We  having  examined  the  foregoing  {or  within)  account  of  A.  B.,  Supervi- 
sor of  the  town  of  Chazy  do  hereby  certify  that  we  find  the  same  true  and 


TOWN  OFFICERS. 


547 


correct  in  all  respects,  and  that  the  balance  now  in  the  hand-'  of  the  said 
Supervisor,  belonging  to  said  town  as  appears  from  said  account  is  the  sum  of 
$130. 

A.  B., 

C.  D.. 

E.  F., 

Justices  of  the  Peace, 

L.  G.,  Town  Clerk  of  Chazy. 
Dated  Chazy,  Nov.  8,  1859. 


3Vo.    4. 

CERTIFICATE   TO   COPIES   OF   ENTRIES   IN   TOWS   CLERK's   BOOK. 

The  vi'ithin  (or  foregoing)  are  true  copies  of  entries  relating  to  moneys  voted 
to  be  raised  in  the  town  of  Alps,  and  which  were  delivered  to  me  by  the 
Town  Clerk  of  said  town  of  Alps. 

A.  B.,  Supervisor  of  the  town  of  Alps. 

Alps,  Nov.  14,  1859. 


No.    S. 

LIST  OF  JURORS. 


The  following  named  persons,  have  been  selected  as  jurors  from  the  town 

of  Alps,  in  the  county  of  Rensselaer,  to  serve  for  three  years  from  the day 

of....,  18.. 


NAME. 

OCCUPATION. 

RESIDENCE. 

A.  B. 

Merchant. 

Alps  Village. 

The  foregoing  is  a  correct  list  of  the  persons  selected  by  us  as  jurors  fi'om 
the  town  of  Alps,  to  serve  for  three  years  from  this  date. 

A.  B.,    ■ 
C.  D., 

E.  F., 

Assessors. 
N.  P.,  Supei'visor. 
T.  C,   Town  Cleric. 
Alps,  July  2,  1860  

No.  e. 

LIST   OF    GRAND   JURORS. 

List  of  Grand  Jurors  selected  from  the  several  towns  hereinafter  named. 


NAME. 

OCCUPATION. 

RESIDENCE. 

M.  M. 

N.  N. 

Farmer. 
Merchant. 

Greenbuslu 
Troy. 

lA"inty  of  Rensselaer,  S  ipervisors  Room.     I  hereby  certify,  that  the  forego- 
ing is  a  correct  ii.^t  of  the  persons  selected  by  the  Board  of  Supervisors  of  said 


548 


THE  CLERK'S  ASSISTANT. 


county  from  the  qualified  inhabitants  of  the  several  towLS  therein  named  to 
serve  as  grand  jurors. 

G.  C,   Cleric  of  the  Board  of  Supervisors. 
Troy,  November  30th,  1859. 


JVo.    "7. 

NOTICE    OF   ELECTION. 

County  of  Rensselaer,  Town  of  Alps,  ss.  The  electors  of  said  town  -u  ill 
hereby  take  notice,  that  the  ensuing  general  (or  special  election  appointed  by 
the  Governor  of  this  State),  election  at  which  the  following  officers  are  to  be 
elected  to  wit  (insert  the  officers  to  be  elected),  will  be  held  on  the. . .  .day  ul' 

,  1860,  in  election  district  No.  1,  at  the  town  house  in  said  district ; 

on  the  same  day  in  election  district  No.  2,  at  the  dwelling  house  of  J.  G.,  in 
said  district;  and  the  poU  will  be  opened  on  said  day  at ....  o'clock  in  the 
forenoon  and  closed  at  sunset  of  that  day. 

R  G., 
G.  R, 
E.  C, 

Assessors. 


Alps,  the. . . .day  of . . . .,  1860. 


B.  B.,  Supervisor. 
T.  C,  Town  Chrl: 


TXo.    8. 

DIVISION   OF   A   TOWN   INTO   ELECTION   DISTRICTS. 

We  hereby  certify,  that  we  have  this  day  divided  the  town  of  Schroon  into 
three  election  districts.  The  first  district  is  bounded  and  described  as  follows 
(insert  description) : 

The  second  district  is  bounded  and  described  as  follows  (insert  description) : 
The  third  district  is  bounded  and  described  as  follows  (insert  description) : 

R.  B., 
B.  R, 
G.  G., 

Assessors. 
P.  P.,  Town  Cle)-h 
Dated,  Schroon,  September  3d,  1860.  B»  C,  Supervisor. 


No.    0. 

ALTERATION   OF   ELECTION   DISTRICTS. 


Notice  is  nereby  given,  that  the  town  officers  of  the  town  of  Alps  in  the 
county  of  Rensselaer,  have  hereby  altered  the  boundaries  of  the  election  dis- 
tricts in  said  town ;  and  said  boundaries  are  as  follows :  The  first  district  is 
bounded    &c.,  as  in  No.  8  to  the  close). 


TOWN  OFFICERS. 


549 


JS  o.    lO. 

supervisor's  call   for  a  meeting  to  fill  vacancy  in   office  of  inspector 

OF  elections. 

To  A.  B.,  Town  Clerk,  L.  M.,  M.  L.  and  N.  B.,  Esqs.,  Justices  of  the  Peace 
for  the  town  of  Alps: 

You  are  hereby  notified  to  meet  with  the  undersigned  at  the  town  hall  in 

said  town  on  the. . .  .day  of ,  1860,  at  10  o'clock  in  the  forenoon,  for 

the  purpose  of  filling  a  vacancy  in  the  office  of  inspector  of  elections,  in  elec- 
tion district  No.  2,  in  said  town. 

G.  P.,  Supervisor  of  the  town  of  Alps. 

Alps,  the day  of ,  1860. 


No      11. 

APPOINTMENT   OF   INSPECTOR   OF   ELECTION    TO   FILL   VACANCY. 

County  of  Rensselaer,  Town  of  Alps.  At  a  meeting  duly  held  this  day 
in  the  town  hall  of  said  town,  at  10  o'clock  a.  m.,  G.  B.  was  appointed  in- 
spector of  elections  in  and  for  election  district  No.  1,  in  said  town,  to  fill  the 
vacancy  occasioned  by  the  removal  of  L.  P.  from  this  State. 

Witness  our  hands  this. . .  .day  of ,  1860. 

G.  P., 
A.  B., 
L.  M., 
M.  L., 
N.  B., 

JusiiceSf  die. 


Supervisor. 
Town  Clerk. 


No.  la. 

ACCOUNT   AGAINST   A   TOWN. 


Town  of  Schroon :         • 

To  A.  B.,  Inspector  of  Elections,  Dr. 

1859,  November  11,  To  duties  as  inspector  of  elections, $2  50 

"  "  stationery, 38 


$2  88 


No.  xa. 

AFFIDAVrr   TO    AN   ACCOUNT. 

County  of  Essex,  Toivn  of  Schroon,  ss.  M.  :M.,  of  said  town  being  sworn 
says,  that  the  items  mentioned  and  set  forth  in  the  foregoing  account  are  cor- 
rect, that  the  services  charged  therein  have  been  in  fact  performed,  and  the 
disbursements  therein  mentioned  have  been  fully  paid,  and  that  no  part  of 
said  account  has  been  paid  or  satisfied. 

M.  M, 

Sworn,  &c. 


550  THE  CLERK'S  ASSISTANT. 

Wo.     14. 

STATEMENT    OF    CLAIMS   AUDITED    BY   TOWN  'BOARD    OF    AUDITORS. 

Abstract  containing  a  list  of  all  claims  audited  by  the  Board  of  Town  Audi- 
tors of  the  town  of  Schroon. 


•     NAMES. 

NATURE  OF    CLAIM. 

AJiuJNT       CLAIMED. 

AMOUNT    ALLOWED. 

A.B., 
B.  C, 

N.  M. 

Inspector  of  Election, 
Justice  of  the  Peace, 
Constable. 

$3.45 
45.00 
75.00 

$3.45 

38.00 
63.00 

We  hereby  certify,  that  the  foregoing  is  a  correct  list  of  the  claims  pre- 
sented to  the  Board  of  Town  Auditors  of  the  town  of  Schroon,  and  that  the 
same  is  a  correct  list  of  the  names  of  all  persons  to  whom  any  account  was 
allowed  and  the  true  amount  of  the  same  as  audited  by  said  board. 


Schroon,  Nov.  8,  1859. 


M. 

0., 

Supervisor. 

T. 

c, 

Town  Clerk. 

0. 

a, 

P. 

P., 

X. 

Y., 

Justices  of  the  Peace 

ISO.     15. 

NOTICE   OF   RESOLUTION   TO   BUILD   A   TOWN   HOUSE. 

Take  notice  that  at  the  next  annual  town  meeting  of  the  town  of  Schroon, 
to  be  held  on  the  15th  day  of  April,  1860,  I  shall  propose  a  resolution  autho- 
rizing the  sum  of  $2,000  to  be  raised  for  t-he  purpose  of  buying  a  site,  and 
^^lectine:  thereon  a  town  house  for  the  use  of  said  town. 

°  M.  P 

Schroon,  April  2,  1860. 


JSO.     IG. 

PROOF   THAT    RESOLUTION    PASSED    AT    TOWN    MEETING. 

Msex  County,  Town  of  Schroon,  ss.  Kesolved,  that  the  sum  of  $2,000  be 
raised  in  the  town  of  Schroon,  for  the  purchase  of  a  site,  and  erecting  thereon 
a  building  to  be  used  as  a  town  house  for  said  town. 

We  hereby  certify,  that  at  the  annual  town  meeting  of  the  town  of  Schroon, 
held  on  the  15th  day  of  March,  1860,  at  the  house  of  B.  B.,  a  resolution  was 
adopted  by  a  majority  vote  of  the  electors  present  at  said  meeting  of  which 
the  foregoing  is  a  copy. 

B.  R, 
S.  T., 
E.  R, 
Justices  of  the  Peace,  and  the 
Board  of  Canvassers  at  said  meeting, 
Schroon,  March  16,  1860. 


rOWX  OFFICERS.  55J 

JSo.     X<7, 

RESOLUTION   OF   SOTERVigORS   DIRECTING   THE    MONEY   TO    BE    RAISED. 

Whereas,  at  the  last  town  meeting  of  the  town  of  Schroon  a  resolution  was 
passed  for  the  purpose  of  raising  money  to  buy  a  site  and  build  a  town  house 
for  the  use  of  said  town :  therefore 

Resolved,  That  the  sum  of  $2,000  be  raised  and  collected  in  the  said  town 
of  Schroon  for  the  purpose  of  buying  a  lot  and  erecting  thereon  a  town  house 
for  the  use  of  said  town. 


2Vo.     18. 

APPOINTMENT   OF   A   TOWN   CLERK. 

Whereas,  the  office  of  Town  Clerk  of  the  town  of  Schroon,  has  become 
vacant  by  the  death  (or  the  removal  from  the  State)  of  J,  B.,  the  late  Town 
Clerk,  we  do  hereby  appoint  M.  M.,  of  said  town  as  Town  Clerk  thereof,  to 
hold  his  office  as  such  clerk,  until  his  successor  is  chosen  or  appointed  in  his 
place.  • 

Witness  our  hands  and  seals  at  the  town  of  Schroon,  this  31st  day  of 
August,  1860. 

M.  M.,        [u  S.J 

N.   P.,         [L.  s.] 
R.  S.,         [l.  s.] 
Justices  of  the  Peace  of  said  town. 


avo.   19. 

NOTICE    OF    TOWN    MEETING. 

Take  notice,  that  the  annual  town  meeting  of  the  electors  and  legal  voters 
of  thp  town  of  Schroon,  will  be  held  at  the  town  hall  in  the  town  house  in 

said  town  of  Schroon,  on  the  4th  day  of  March,  1860,  at o'clock  in  the 

forenoon,  for  the  purpose  of  electing  the  town  officers  of  said  town,  to  wit : 
(name  the  several  offices)  and  for  doing  the  annual  town  business  of  said 
town,  and  for  the  doir-g  of  such  other  town  business  as  shall  be  legally  brought 

before  the  meeting.  „     „        ^   , 

A.  B,,  Toum  Cleric. 

February  23d,  1860. 


3yo.  so. 

NOTICE    TO   COtJNTT    CLERK    AS   TO    ELECTION   OF   SUPERVISOR,    JUSTICES   OF    THE 
PEACE    AND    CONSTABLES. 

To  R.  R.,  Esq.,  County  Clerk  of  Essex  County : 

I  hereby  certify  that  at  the  annual  town  meeting  of  the  town  of  Chazy, 
held  in  the  Town  Hall  of  said  town,  A.  B.  was  duly  elected  Supervisor,  C. 
D.  was  duly  elected  a  Justice  of  the  Peace,  and  E.  F.,  G.  H.,  I.  J.,  K.  L.  and 
M.  N.  were  duly  elected  Constables  in  and  for  said  town. 

T.  C,  Town  Clerk. 

Chazy,  March  5,  I860. 


CHAPTER  XLII. 

WILLS. 

All  persons,  except  idiots,  persons  of  unsound  mind,  and 
infants,  may  devise  their  real  estate,  and  every  estate  and  interest 
therein  descendible  to  heirs,  by  a  last  will  and  testament  executed 
according  to  the  provisions  of  the  statute.  Such  devise  may  be 
made  to  every  person  capable  by  law  of  holding  real  estate ;  but 
no  devise  to  a  corporation  shall  be  valid  unless  such  corporation 
be  expressly  authorized  by  its  charter  or  by  statute  to  take  by 
devise. 

Every  male  person  of  the  age  of  eighteen  years  or  upwards, 
and  every  female,  of  the  age  of  sixteen  years  or  upwards,  of 
sound  mind  and  memory,  and  no  others  may  give  and  bequeath 
his  or  her  personal  estate,  by  will  in  writing.  No  nuncupative 
or  unwritten  will,  bequeathing  personal  estate,  shall  be  valid, 
unless  made  by  a  soldier  while  in  actual  service,  or  by  a  mariner 
while  at  sea. 

Every  last  will  and  testament  of  real  and  personal  property, 
or  both,  shall  be  executed  and  attested  in  the  following  manner: 

1.  It  shall  be  subscribed  by  the  Testator  at  the  end  of  the  will. 

2.  Such  subscription  shall  be  made  by  the  Testator,  in  the 
presence  of  each  of  the  attesting  witnesses,  or  shall  be  acknow- 
ledged by  him  to  have  been  so  made,  to  each  of  the  attesting 
witnesses. 

3.  The  Testator,  at  the  time  of  making  such  subscription,  or 
at  the  time  of  acknowledging  the  same,  shall  declare  the  instru- 
ment so  subscribed  to  be  his  last  will  and  testament. 

4.  There  shall  be  at  least  two  attesting  witnesses,  each  of  whom 
shall  sign  his  name  as  a  witness,  at  the  end  of  the  will,  at  the 
request  of  the  Testator. 


WILLS.  553 

The  witnesses  should  write  opposite  their  names  their  respec- 
tive places  of  residence ;  and  every  person  who  shall  sign  the 
Testator's  name  to  any  will  by  his  direction,  shall  write  his  own 
name  as  a  witness  to  the  will. 

It  is  advisable  to  have  three  witnesses  to  a  will  as  a  matter  of 
convenience  in  proving,  and  to  provide  for  the  conve3'ance  of 
any  property  which  the  Testator  may  acquire  or  become  entitled 
to  in  another  State  where  the  statute  of  that  State  requires  there 
should  be  three  witnesses.  The  States,  requiring  three  attesting 
witnesses  to  a  will  of  real  estate,  are  Maine,  New  Hampshire, 
Vermont,  Massachusetts,  Rhode  Island,  Connecticut,  New  Jer- 
sey, Maryland,  South  Carolina,  Greorgia,  Alabama,  Mississippi, 
Michigan,  Wisconsin,  and  Iowa. 

There  is  no  particular  form  of  words  required  necessary  for  the 
purpose  of  tlie  will,  but  such  language  must  be  employed  as  shall 
express  the  wish  of  the  Testator. 

No  will  in  writing  shall  be  revoked  or  altered,  otherwise  than 
by  some  other  will  in  writing,  or  some  other  writing  (as  by  a 
codicil)  of  the  Testator,  executed  by  the  same  formalitiL-s  as  the 
original  will;  or  unless  such  will  be  burnt,  torn,  canceled, 
obliterated  or  destroyed,  with  intent  and  for  the  purpose  of  revok- 
ing the  same  by  the  Testator  himself,  or  by  another  person  in  his 
presence,  by  his  direction  and  consent.  But  if  after  the  making 
of  any  will,  disposing  of  the  whole  estate  of  the  Testator,  such 
Testator  shall  marry,  and  have  issue  of  such  marriage,  born  either 
in  his  lifetiriie  or  after  his  death,  and  the  wife  or  the  issue  of 
such  marriage  shall  be  living  at  the  death  of  the  Testator,  such 
will  shall  be  deemed  revoked,  unless  provision  shall  have  been 
made  for  such  issue  by  some  settlement,  or  unless  such  issue  shall 
be  provided  for  in  the  will,  or  in  such  way  mentioned  therein,  as 
to  show  an  intention  not  to  make  such  provision. 

A  will  executed  by  an  unmarried  woman,  shall  be  deemed 
revoked  by  her  subsequent  marriage. 

Whenever  a  Testator  shall  have  a  child  born  after  the  making 
of  his  will,  either  in  his  lifetime  or  after  his  death,  and  shall  die 
leaving  such  child  so  after  born  unprovided  for  by  any  settle- 
ment, and  neither  provided  for  nor  in  any  way  mentioned  in  his 
will,  every  such  child  shall  succeed  to  the  same  portion  of  the 
70 


554 


THE  CLERK'S  ASSISTANT. 


father's  real  and  personal  estate  as  would  have  descended  or  been 
distributed  to  such  child  if  the  father  had  died  intestate,  and  may 
recover  that  portion  from  the  devisees  and  legatees. 

Where  the  will  gives  any  portion  to  the  widow  of  the  Testator, 
the  widow  will  take  such  portion  in  addition  to  her  dower,  unless 
the  will  expressly  provides  that  such  gift  is  made  in  lieu  of 
dower. 

Any  will  of  real  estate  which  shall  have  been  duly  proved  in 
the  Supreme  Court,  or  Court  of  Chancery,  or  before  the  Surro- 
gate of  any  county  in  this  State,  with  the  proofs  taken  on  the 
proof  thereof,  and  the  certificate  of  proof  annexed  thereto  or 
indorsed  thereon,  may  be  recorded  in  the  Clerk's  Ofiice  of  any 
county  in  this  State,  in  the  same  manner  that  conveyances  of 
real  estate  are  now  authorized  to  be  recorded. 


FORMS. 


ITo.    1. 

WILL — COMMON    FORM. 

1,  A.  (Jr.,  of  the  city  of  Troy,  widow  of  the  late  J.  Gr.,  mindful  of  the  un- 
certainties of  human  life  do  make,  publish  and  declare  this  my  last  will  ."aid 
testament  in  manner  following  : 

First.  After  the  payment  of  my  just  debts  and  funeral  expenses,  I  give,  de- 
vise and  bequeath  to  my  daughter  J.  W.,  wife  of  A.  W.,  the  sum  of  §500. 

Second.  I  give  and  devise  and  bequeath  to  my  daughter  E.  D.,  wife  of  H. 
D.,  the  sum  of  ^600. 

Third.  I  give,  devise  and  bequeath  to  my  daughter  L.  P.,  wife  of  E.  P., 
the  sum  of  $300. 

Fourth.  All  the  rest,  residue  and  remainder  of  all  my  estates,  both  real  and 
personal,  I  give,  devise  and  bequeath  to  my  son  S.  G.,  and  to  my  daughter,  J. 
N.,  E.  D.  and  L.  P.,  to  be  equally  divided  between  them  and  their  heirs  share 
aad  share  alike,  the  child  or  children  of  a  deceased  child  taking  the  share 
which  his,  her  or  their  parent  would  have  taken  if  living. 

Fifth.  In  case  there  should  not  be  sufficient  of  my  property  to  fully  com- 
ply with  the  first,  second  and  third  provisions  of  this  my  will,  then  I  direct 
that  my  said  estate  be  divided  into  fourteen  equal  shares  or  portions,  and  that 
five  of  the  said  shares  or  portions  be  given  to  my  said  daughter,  J.  W.,  and 
that  six  of  the  said  shares  or  portions  be  given  to  my  daughter  E.  D.,  and  the 
remaining  three  shares  or  portions  be  given  to  my  daughter  L.  P.,  the  child 
or  children  of  a  deceased  daughter  to  have  the  shares  or  portions  which  his, 
her  or  their  parent  would  have  taken  if  living. 

Sixth.  I  hereby  nominate  and  appoint  my  son-in-law,  H.  D.,  the  executor 
of  this  mv  last  will  and  testament,  and  hereby  authorize  and  empower  him, 
the  said  "H.  D.,  to  compound,  compromise  and  settle  any  claim  or  demand 
which  may  be  against  or  in  favor  of  my  said  estate. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  this  12th  day 
of  March,  1857. 

A.  G.  [L.  S.J 

Signed,  published  and  declared  by  the  said  testatrix  to  be  her  last  will 
and  testament  in  the  presence  of  us  who  have  signed  our  names  at  her 
request  as  witnesses  in  her  presence  and  in  presence  of  each  other. 

B.  B.,  of  the  city  of  Troy. 

C.  C,  of  the  village  of  Lansinghiirgh. 


556  THE  CLERK'S  ASSISTANT. 

CODICIL    TO    A    WILL. 

I,  A.  G-.,  of  the  city  of  Albany,  do  make  this  codicil  to  my  last  will  in  words 
as  follows : 

Whereas,  in  and  by  my  last  will  and  testament,  dated  on  or  about  March 
12th,  1857,  1  did,  by  the  first  item  thereof,  give,  devise  and  bequeath  to  my 
daughter,  J.  W.,  then  wife  of  A.  \V.,  the  sum  of  $500,  and  whereas,  I  loaned 
to  the  said  A.  W.,  in  his  lifetime  the  sum  of  $500,  and  for  which  sum  he  was 
indebted  to  me  at  the  time  of  his  decease,  and  his  estate  is  still  indebted 
to  me  for  that  amount,  now,  I  hereby  revoke  said  bequest  of  $500,  so  given 
by  said  first  item  of  my  will,  and  in  lieu  and  instead  thereof  give  to  my  said 
daughter,  J.  W.,  the  claim  which  I  have  against  the  estate  of  the  said  A.  W., 
and  authorize  my  executor  to  assign  the  said  claim  to  my  said  daughter,  J.  W., 
but  should  it  so  happen  that  said  claim  of  $500,  should  be  paid  to  me  previous 
to  my  decease,  then  I  direct  that  the  sum  of  $500  be  paid  to  my  said  daugh- 
ter, J.  W.,  in  the  same  manner  as  if  this  codicil  to  my  will  had  not  been  exe- 
cuted. 

In  witness  whereof,  T  have  hereunto  set  my  hand  and  seal  this  4th  day  of 
August,  1860. 

A.  G.  [l.  s.] 

Published  and  declared  by  the  said  A.  G.,  to  be  the  codicil  to  her  last  will 
and  testament  in  the  presence  of  us  who  have  signed  the  same  as  wit- 
nesses in  her  presence  at  her  request  and  in  presence  of  each  other. 

L.  B.,  Merchant  of  the  city  of  Troy. 
J.  Gr.,  of  the  village  of  West  Troy. 


ISO.   3. 

DEVISE  OF  AN  ESTATE    FOR  LIFE,  IN    LIEU    OF    DOWER,  REMAINDER   TO    HIS  CHILDREN, 

Item.  I  give  and  devise  unto  ray  said  wife,  all  that  my  said  messuage  or 
tenement,  with  the  appurtenances,  situate,  &c.,  with  the  lands  and  heredita- 
ments thereunto  belonging,  and  the  rents,  issues,  and  profits  thereof  for  and 
during  the  term  of  her  natural  life ;  and  from  and  after  the  decease  of  my  said 
wife,  I  give  and  bequeath  the  said  messuage  or  tenement,  lands,  and  heredita- 
ments, unto  such  child  or  children  as  I  shall  leave  or  have  living  at  the  time 
of  my  decease,  and  to  their  heirs  and  assigns  forever,  and  if  I  shall  have  no 
such  child  or  children,  then  I  give  and  devise  the  said  legacy  to  my  said  wife 
as  aforesaid,  and  I  hereby  declare  the  said  gift  is  intended  to  be,  and  is  so  given 
to  her,  in  full  satisfaction  and  recompense  of,  and  for  her  dower  and  thirds, 
which  she  may,  or  can  in  any  wise  claim  or  demand  out  of  my  estate. 


ISo.    4. 

PROVISO  THAT  SUMS  ADVANCED  TO  CHILDREN,  SHALL  BE  TAKEN  AS  PART  OF  PORTION. 

Provided  always,  and  I  do  hereby  declare,  that  in  case  I  shall,  in  my  life- 
time, advance  and  pay  to  any  of  my  children,  either  sons  or  dangliters,  any 
sum  or  sums  of  money,  for  his  or  their  benefit  or  advancement  in  the  world, 
or"  otherwise,  and  shall  signify  the  same  in  writing  under  mj^hand.  then  if  any 
such  sum  or  sums  shall  be  equal  to  the  share  or  shares  of  such  child  or  children 
respectively,  of  and  in  the  premises,  &c.,  by  me  hereby  devised  or  bequeathed 
for  their  respective  benefits,  such  sum  or  sums,  so  paid  or  advanced,  shall  in 
that  case  be  accounted  in  full  satisfaction  of  the  share  or  shares  of  such  child 


WILLS.  557 

or  children  respectively,  in  the  said  estate  and  premises;  but  if  such  advanced 
sum  or  sums  shall  be  less  than  the  share  or  shares  of  such  child  or  children 
respectively,  uf  and  in  the  said  premises,  Ax.,  then  such  advanced  sum  or  sums 
shall  be  accounted  as  part  only  of  the  share  or  shares  of  such  child  or  children 
therein,  and  in  that  case  such  child  or  children  shall  not  receive,  or  be  entitled 
to  any  share  or  interest  of,  or  in  such  parts  of  the  said  premises,  &c.,  which 
shall  have  been  paid  or  advanced  to  him,  her,  or  them,  for  the  purposes  afore- 
said, until  the  other  or  others  of  such  child  or  children  shall  have  received  as 
much  of  the  said  premises,  &c.,  as  shall  make  his,  her,  or  their  share  or  shares 
thereof  equal  to  what  shall  have  been  so  paid  or  advanced  to  or  for  the  bene- 
fit, advantage,  or  preferment  of  such  child  or  children  respectively  ;  to  the  end 
and  intent  that  the  said  premises  may  be  equally  divided  among  all  such 
children,  share  and  share  alike. 


JSo.     5. 

APPOINTMENT    OF    GUARDIANSHIP. 

And  I  hereby  commit  the  guardianship  of  all  my  children,  until  they  shall 
respectively  attain  the  age  of  twenty-one  years,  unto  my  said  wife,  during  her 
life,  if  she  shall  so  long  continue  my  widow ;  and  from  and  after  her  decease, 
or  second  marriage,  unto  my  trusty  and  much  esteemed  friend  A.  B.,  his  exe- 
cutors and  assigns :  (and  do  hereby  declare,  that  the  expenses  of  the  main- 
tenance and  education  of  my  said  children,  until  they  shall  attain  the  age 
aforesaid,  or  become  entitled  to  the  sum  or  sums  of  money  hereby  provided 
for  their  benefits  respectively,  shall  be  paid  and  borne  by  my  said  wife,  by  and 
out  of  the  moneys  and  estate  given  and  bequeathed  to  her  in  and  by  this  my 
wiU.) 

JSii.    o. 

ANNUITY   CHARGEABLE   UPON   REAL   ESTATE. 

Also,  I  give  and  devise  unto  my  grandson  G-.  B.,  all  that  my  messuage  and 

tenement,  with  the  appurtenances,  situate,  lying,  and  being  at commonly 

called.  ...      To  have  and  to  hold  (subject,  nevertheless,  to,  and  charged  and 

chargeable  with  the  annuity,  yearly  rent,  or  sum  of hereinafter  mentioned) 

to  him  the  said  G.  B.,  his  heirs,  and  assigns  forever:  And  I  do  hereby  give, 
devise,  and  beqeuath  unto  my  wife  E.  B.,  and  for  her  assigns,  for  and  during 

the  term  of  her  natural  life,  one  annuity  or  clear  yearly  rent  or  sum  of free 

of  all  taxes  and  other  deductions,  to  be  issuing  and  payable  out  of  the  said 
messuage  and  tenement,  and  to  be  paid  and  payable  by  equal  half  yearly  pay- 
ments at the  first  payment  thereof  to  be  on and  I  do  hereby  charge  and 

subject  the  said  messuage  and  tenement,  to  and  with  the  payment  of  the  said 

annuity,  yearly  rent,  or  sum  of accordingly.     And  in  case  the  said  aimuity, 

or  any  part  thereof,  shall  be  behind  and  unpaid  for  the  space  of  forty  days  next 
after  any  of  the  said  days  of  payment  whereon  the  same  ought  to  be  paid,  as 
aforesaid,  that  then  and  so  often  it  shall  and  may  be  lawful  for  my  said  wife 
and  her  assigns,  into  all  and  singular  the  premises,  charged  with  the  said 
annuity  as  aforesaid,  to  enter,  and  the  rents,  issues,  an<l  profits  thereof  to 
receive  and  take,  until  she  be  therewith  and  thereby,  or  by  the  person  or  per- 
sons who  shall  be  then  entitled  to  the  immediate  possession  of  the  premises, 
paid  and  satisfied  the  same  and  every  part  thereof,  and  all  the  arrears  thereof 
incurred  before,  and  that  shall  incur  during  such  time  as  she  shall  receive  the 
rents,  issues,  and  profits  thereof,  or  be  entitled  to  receive  the  same  by  virtue 
of  such  entry  to  be  made  as  aforesaid,  together  with  her  costs,  damages,  and 
expenses  laid  out  and  sustained,  by  reason  of  the  non-payment  thereof,  or 
any  part  thereof. 


558  THE  CLERK'S  ASSISTANT. 

nvo.  >7. 

APPOINTING    GUARDIAN    AND    PROVIDING    THAT    THE    INFANt's    PROPERTY   BE    TAKEN 

CARE    OF. 

Also,  for  the  better  education  of  my  children,  A.,  B.  and  C,  I  do  give  and 
dispose  of  the  tuition  and  custody  of  them,  and  every  of  them,  unto  my  wife 
E.  B.,  for  such  time  as  they  or  any  of  them  respectively  continue  unmarried, 
and  under  the  age  of  one  and  twenty  years,  and  rny  said  wife  remains  my 
widow ;  but  if  my  said  wife  shall  die  or  marry,  during  the  single  life  and  non- 
age of  any  of  my  said  children,  so  being  unmarried  and  under  the  age  of  one 
and  twenty  years  at  the  marriage  or  death  of  my  wife,  unto  my  said  execu- 
tor E.  E. 

Also,  I  do  hereby  authorize,  empower  and  direct  my  said  executor,  his  exe- 
cutor or  executors,  from  and  altpr  my  decease,  until  the  aforesaid  G.  B.  shall  at- 
tain his  age  of  one  and  twenty  years,  to  manage  and  improve  the  estate  and 
fortune  of  him  the  said  G.  B.,  by  me  hereby  given  him,  for  his  use  and  benefit, 
and  to  lease  all  or  any  part  of  his  freehold  or  leasehold  estates,  and  to  lend  and 
place  out  upon  security  or  securities,  at  interest,  or  otherwise  improve  according 
to  his  or  their  discretion  or  discretions,  all  or  any  part  of  the  moneys,  belono-- 
ing  to  or  arising  from  die  said  estates  and  fortune  of  the  said  G.  B.,  and  to  pay 
unto  and  account  with  him  the  said  G.  B.,  for  all  such  rents,  interests,  produce 
and  improvements,  as  shall  atise  from,  or  be  made  of,  and  produced  by  the 
estates,  moneys,  and  fortune  hereby  given  and  devised  to  him,  when  he  shall 
attain  his  age  of  twenty-one  years. 


3Vo.    8. 

POWER   TO    EXECUTORS    TO    CONVEY    REAL   ESTATE. 

I  will  and  ordain,  that  the  executor  of  this  my  last  will  and  testament,  for 
and  towards  the  performance  of  said  testament,  shall  with  all  convenient 
speed  after  my  decease,  bargain,  sell  and  alien,  in  fee  simple,  all  my  lands  for 
the  doing,  executing  and  perfect  finishing  whereof^  I  do  by  these  presents 
give  to  my  said  executor,  full  power  and  authority  to  grant,  alien,  bargain,  sell, 
convey  and  assure  aU  the  same  lands  to  any  person  or  persons,  and  their  heirs 
forever,  in  fee  simple,  by  all  and  every  such  lawful  ways  and  means  in  the 
law  as  to  my  said  executor,  or  to  his  counsel  learned  in  the  law,  shall  seem  fit 
or  necessary. 


IVo.    O. 

PROOF    OF   EXECUTION    OF   A    WILL. 

County  of  Albany,  Surrogate's  Office.     In   the  matter  of  proving  the  will  of 
A.  B.,  deceased : 

Albany  County,  ss.  C.  D.  and  E.  R,  of  the  city  of  Albany  in  the  county 
of  Albany,  being  first  duly  sworn  in  open  court,  doth  depose  and  say,  and 
each  for  himself  deposeth  and  saith,  that  he  is  a  subscribing  witness  to  the  in- 
strument now  shown  to  him,  purporting  to  be  the  last  will  and  testament  of 
A.  B.,  of  the  city  of  Albany  in  the  county  of  Albany.  That  the  said  A.  B., 
did  in  the  presence  of  this  deponent  subscribe  his  name  at  the  end  of  the  in- 
strument which  is  now  shown  and  exhibited  to  this  deponent  as  aforesaid, 
and  which  purports  to  be  the  last  will  and  testament  of  the  said  A.  B.,  and 
which  bears  date  on  the  12th  day  of  October,  in  the  year  of  our  Lord 
1859.  And  this  deponent  further  saith,  that  the  said  A.  B.,  the  said  testa- 
tor did,   at  the  said  time  of  subscribing  his  name  as  aforesaid  at  the  end  of 


WILLS.  559 

said  will,  declare  the  said  instrument  so  subscribed  by  him  and  now  exhi- 
bited, to  be  his  last  will  and  testament;  and  this  deponent  did  thereupon 
subscribe  his  name  at  the  end  of  the  said  will,  as  an  attesting  witness 
thereto,  and  at  the  request  of  the  said  testator.  And  this  deponent  I'urther 
saith,  that  at  the  said  time  when  the  said  testator  subscribed  his  name  to  the 
said  last  will  as  aforesaid,  and  at  the  time  of  tlie  deponents  subscribing  his 
name  as  an  attesting  witness  thereto,  as  aforesaid,  the  said  A.  B.,  was  of  sound 
mind  and  memory,  of  full  age  to  execute  a  will,  and  was  not  under  any  re- 
straint to  the  knowledge,  information  or  belief  of  this  deponent,  and  further 
these  deponents  say  not. 

E.  F. 
Severally  sworn  and  subscribed  this  13th  ) 
day  of  May,  1860,  before  me,  J 

J.  M.,  Surrogate. 


ISO.     lO. 

PROOF   THAT   WILL    IS    RECORDED. 

State  of  New  York,  County  of  Albany,  ss.  I,  J.  M.,  Surrogate  of  the  county 
of  Albany,  do  hereby  certify,  that  the  foregoing  (or  within)' last  will  and  tes- 
tament of  A.  B.,  deceased,  was  proved  before  me,  on  the  Icith  day  of  May,  in 
the  year  of  our  Lord  1860,  as  a  will  relating  to  both  real  and  personal  estate, 
pursuant  to  the  provisions  of  the  statute  of  the  State  of  New  York,  in  such 
case  made  and  provided  ;  and  I  further  certify  that  the  said  will  and  proofs 
taken  in  relation  to  the  execution  thereof,  are  recorded  in  the  Surrogate's  OfiSce 
of  the  county  of  Albany,  in  Book  of  Wills,  vol.  27,  pages  29  and  30,  kept  in 
my  office  for  such  purpose. 

In  testimony  whereof,  I,  the  said  Surrogate,  have  hereunto  set  my  hand 
and  affixed  the  Surrogate's  seal  of  the  county  of  Albany,  this  15th  day  of, 
October,  A.  D.,  I860. 

J.  M.,         [L.  s.] 

Surrogatt. 


ISO.    11. 

PROOF  THAT  THE  EXECUTOR  HAS  QUALIFIED. 

The  People  of  the  State  of  New  York,  to  all  to  whom  these  presents  shall 
come,  or  may  concern  send,  Greeting : 

Know  ye  that  at  the  city  and  county  of  Albany,  on  the  13th  day  of  May, 
1860,  letters  testamentary  of  the  last  will  and  testament  of  A.  B.,  late  of  the 
city  of  Albany,  deceased,  were  duly  granted  and  issued  by  the  Surrogate  of 
the  county  of  Albany  to  B.  B.  the  {or  one  of  the)  Executors  named  in  the 
last  will  and  testament  of  said  deceased,  and  that  the  same  are  still  valid  and 
in  full  force. 

In  testimony  whereof,  we  have  caused  the  seal  of  the  office  of  our  said  Sur- 
rogate to  be  hereunto  affixed. 

Witness,  J.  M.,  Surrogate  of  our  said  county  at  the  city  of  Albany,  the  l.=>th 
day  of  October,  in  the  year  of  our  Lord,  1860. 

J.  M.,         [l.  S.J 

Surrogate. 


560 


THE  CLERK'S  ASSISTANT. 


CERTIFICATE  ATTACHED  TO  WILL  AND  COPY  PROOF  FOR  RECORD. 

State  of  Neiv  Yo7-Jc,  Albany  County  Surrogate's  Office.  I,  J.  !M.,  Surrogate 
of  the  county  of  Albany,  do  hereby  certify,  that  I  have  compared  the  forego- 
ing copy  of  the  testimony  taken  before  me,  and  upon  which  the  foregoing 
last  will  and  testament  of  A.  B.  was  admitted  to  probate  and  record  with  the 
original  now  on  file  in  this  ofi&ce,  and  that  the  same  is  a  correct  transcript  of 
the  same  and  of  the  whole  thereof. 

In  testimony  whereof,  I,  the  said  Surrogate,  have  hereunto  set  my  hand, 
and  affixed  the  Surrogate's  seal  of  the  county  of  Albany,  this  15th  day  of 
October,  A.  D.,  1860. 

J.  M.,        [l.  s.] 
Surrtgate. 


INDEX. 


A  ccouNT,  receipt  on, 499 

Acknowledgment  and  Proof  of  Papers  to  be  Kecorded: 

Who  may  take, 1 

Taken  in  one  State  to  be  used  in  other  States. 2 

By  grantor  known  to  the  officer, 5 

By  husband  and  wife  known  to  the  officer, 5 

By  a  subscribing  witness  known  to  the  otficer, 5 

By  a  grantor  identified  by  a  witness, 5 

By  a  husband  and  wife  identified  by  a  witness, 6 

By  a  husband  known,  and  wife  identified, 6 

By  two  persons,  one  known  and  one  identified, 6 

By  a  person  conveying  by  a  power  of  Attorney, 7 

By  undersheriff  in  name  of  Sheriff", 7 

By  witness  not  known  but  identified, 7 

By  witness  to  husband  and  wife  executed  out  of  the  State, 7 

By  identified  witness  to  husband  and  wife  executed  out  of  State,. .  8 

By  incorporated  company, 8 

Where  the  grantor  and  subscribing  witness  are  dead, 8 

By  two  husbands  and  their  wives, ^^ 

By  wife  alone, ^ 

By  a  Sheriff-, ^ 

By  an  administrator,  executor  or  trustee, 9 

Form  in  Maine,  New  Hampshire,  Massachusetts  and  Connecticut,. .  9 

"     in  Vermont, ' ^" 

"     in  Rhode  Island  (n), 10 

"     in  New  Jersey  and  Delaware, I'J 

'T^          "     in  Pennsylvania, •  •  •  ^^ 

"     in  Maryland, ^^ 

"     in  Virginia, ^  ^ 

"     in  Georgia, ^  ^ 

'*     in  Kentucky, -  ^ 

"     in  Ohio, 11 

71 


562  INDEX. 

Acknowledgment  and  Proof  of  Papers  to  be  Recorded:  pagk 

Form  in  Michigan, 12 

"     in  Indiana, 12 

"     in  Illinois, 12 

"     in  Missouri  and  Iowa, 12 

"     in  Wisconsin, 13 

"     in  California, 13 

Certificate  of  correctness  by  County  Clerk, 13 

Petition  to  compel  subscribing  witness  to  make  proof, 15 

Subpoena  to  compel  witness  to  make  poof, 16 

WarranJ.  to  arrest  witness  to  make  proof, 16 

Commitment  of  witness  refusing  to  make  proof, 17 

Of  a  minor  to  apprentice's  indenture, 27 

Of  master  to  a  recognizance, 33 

Of  auctioneer's  bond, 67 

Clerk's  certificate  to, 126 

Actions  in  Justices'  Courts,  how  conducted, 309 

Admeasurement  of  dower,  petition  for, 206 

Of  dower,  notice  of  apphcation  for, 206 

Order  for,  and  appointing  Commissioners, 208 

Report  of  Commissioners, 208 

Order  confirming  report  in, 209 

Administrator's  fees, 226 

Acknowledgment  of  deed  by, .  9 

Advertisement  of  sale  by  Constable, 344 

For  foreclosure  of  a  mortgage, 162 

Affidavit  of  subscribing  witness, 17 

Of  person  identifying  witness  or  parties, 17 

To  a  deponent  sworn  with  uplifted  hand, 17 

To  a  deponent  sworn  on  the  Gospels, 18 

Of  arbitrators,  43 

For  witness  before  arbitrators, 43 

Of  service  of  award, 46 

To  entitle  creditor  to  redeem,  156 

In  foreclosing  by  advertisement, 162 

Affirmation  of  an  affiant, 17 

Affray,  warrant  for, 349 

Agreement  as  to  damages  on  opening  a  road, 270^ 

Agreements,  see  Contracts. 

Alien,  w^ho  may  be  naturalized,   402 

Declaration  to  become  a  citizen, .  405 

Affidavit  of.  to  hold  real  estate, 407 

Annuity  chargeable  on  real  estate  by  will, -557 


INDEX.  563 


PAUB 


Answer,  general  denial, 330 

Plea  of  title, 33G 

Appeal  from  order  admeasuring  dower,  notice  of,   210 

From  order  admeasuring  dower,  bond  on, 210 

From  assessment  by  Commissioners, 259 

From  order  of  Commissioners  as  to  laying  out  road,  27'J 

Notice  of,  in  bastardy  cases, ; 487 

To  Superintendent  of  Public  Instruction, 519 

Notice  of, 520 

Proof  of  service  of  notice, 520 

Bond  to  recover  possession  of  premises  on, 374 

Appraisal  of  exempt  homestead, 300 

Of  farming  lands,  for  bank  department, 77 

Of  village  lands  for  bank  department, 78 

Apprenticing  of  a  poor  child,  471 

Apprentices  anh  Servants,  remarks  on,    19 

Who  may  become, 19 

Foreigners  may  become,  to  pay  passage  money, 21 

Indenture  of, 24 

Consent  of  father  or  mother  to  indenture, 24 

Certificate  of  Justice  of  the  Peace, 25 

Consent  of  guardian  to  indenture  of, 25 

Certificate  of  County  Judge  to  indenture, 25 

Certificate  of  Overseers  of  the  Poor  to  indenture, 25 

Indenture  of,  as  a  clerk, 25 

Agreement  of  father  on  behalf  of, 26 

Agreement  of  father  for  faithful  performance  of, 26 

Contract  of  foreigner,  to  pay  passage  money, 27 

Acknowledgment  of  contract  to  pay  passage  money, 27 

Assignment  of  indenture  of  a  foreigner, 27 

Approval  of  assignment  of  indenture, 28 

Complaint  on  refusal  to  serve, 28 

Warrant  on  refusal  to  serve, 28 

Commitment  on  refusal  to  serve, 29 

Complaint  for  misdemeanor  or  ill-behavior  of, 29 

Warrant  to  arrest  for  ill-behavior  of, 30 

Warrant  to  commit  for  ill-behavior  of, ....  30 

Discharge  of,  from  service, 30 

Complaint  by,  when  ill-used, 31 

Summons  on  complaint  for  ill-usage, ..." 31 

Discharge  of,  for  ill-usage  of, 31 

Complaint  by,  where  money  has  been  or  is  to  be  paid, 32 

Summons  on  above  complaint, 3S 

Recognizance  of  Judge,  whore  there  is  a  difference, 33 


564  INDEX. 

A.PPRENTICE3    AND    SERVANTS:  FAOE. 

Order  of  Court  on  disagreement, 34 

Complaint  by  master  against, 34 

Summons  on  master's  complaint, 35 

Eecognizance  of  apprentice  by  Justice, 35 

Decision  of  Court  on  master's  complaint, 36 

Arbitration  and  Award,  how   conducted, 37 

Submission  in, 41 

Boud  in, 42 

Notice  to  arbitrators  of  appointment, 42 

Affidas  it  of  arbitrators, 43 

Notice  o.'  hearing  in, 43 

Subpoena  in, 43 

Oath  for  subpoena  in, 43 

Revocation  of  submission, 44 

Notice  to  opposite  party  of  revocation, 44 

•  Award  in, 44 

Special  award  in, 45 

Proof  of  execution  w  award, 46 

Proof  of  service  of  award, 46 

Arbitrators'  Fees, 220 

Assault  with  a  deadly  weapou,  warrant  for, 353 

With  intent  to  kill, 354 

With  intent  to  commit  a  felony, ...    354 

By  setting  on  a  dog,  warrant  fo^',    .    .  . , 355 

By  rash  driving,  warrant  for, ...    355 

On  a  Sheriff,  warrant  for, 355 

Assault  and  Battery,  warrant  for, 351 

Assessment  of  highway  labor, .      258 

Assessment  Roll,  how  made, 533 

To  be  corrected  by  Supervisors, 533 

To  include  commutatioi^ 536 

Notice  of  completion  of, 537 

Form  of, 537 

Oath  of  Assessor  to,    538 

Warrant  on, 539 

Assessor,  how  elected, 543 

Vacancy  in  office,  how  filled. 544 

To  make  assessments, , 533 

Notice  of  completion  of  roll, 537 

Oath  of,  on  roll, 538 

Constitutional  oath  of, 546 

Fees 22f 


INDEX.  565 

PAGE. 

Assignee,  petition  that  he  account, 01 

Summons  to  account, G2 

Bond  of, f'(^ 

Approval  of  bond  of, 01 

Of  assigned  debtors,  fees  of^ -33 

Assignment,  how  made, '^7 

General,  indorsed, 49 

Of  a  lease, 49 

Of  policy  of  insurance, 50 

Of  policy  as  security,    50 

Consent  of  insurance  company  to, 50 

Of  patent  right, 51 

Of  contract  for  real  estate, 51 

Of  wages,  or  debt, 52 

Of  copyright  of  book — one  edition, 52 

Of  an  entire  copyright, 53 

Of  a  judgment, 54 

Of  a  judgment — another  form,  55 

Of  Justice's  court  judgment, 55 

Of  bond  and  mortgage, 5o 

Of  bond  and  mortgage,  with  guaranty, 56 

Of  bond  and  mortgage,  short  form, 56 

Of  bond  and  mortgage,  indorsed  thereon, 57 

Of  bond  and  mortgage,  as  collateral  security, 57 

Of  contract,  as  collateral  security, 57 

General,  to  pay  debts,  with  a  preference,   58 

To  pay  debts,  without  preference, 59 

Inventory  of, "0 

Affidavit  annexed  to, 60 

Bond  on  receiving, CO 

Approval  of  bond  of  assignee  on, Gl 

Petition  to  account  after, Gl 

Summons  to  a  person  receiving, 62 

Of  a  lease,  indorsed, 371 

Of  dower, 205 

Of  an  insolvent  debtor, 1"3 

Of  an  imprisoned  debtor, 197 

Of  bond  and  mortgage  to  bank  department, 81 

Of  sheriff's  certificate  of  sale, 157 

Of  a  patent,  in  whole  or  in  part, 429 

Of  a  patent  for  one  or  more  States, 431 

Of  emigrant's  indenture, 27 

Of          "              "           approval  of, 28 

Association,  Bond  of  treasurer  of H^ 


566  INDEX. 


FA6S. 


Assurance,  covenant  for  further, ]  80 

Attachment,  application  for, 321 

Subpoena  for  a  witness  for, 321 

Bond  on  application  for, '.  322 

Form  of, 322 

Notice  indorsed  on  copy, 322 

Bond  of  defendant  on, 323 

Bond  of  third  party  on, 323. 

Constable's  return  to,     324 

Of  coroner  against  a  witness, 168 

Return  to  coroner's, 169 

For  a  defaulting  witness, , 329 

Issued,  when. 311 

Attorney,  acknowledgment  to  deed  by, 7 

Fees, ; 220 

Power  of,  what,  and  who  may  give, .• 489 

In  fact,  what  is, 489 

Auction  duties, 65 

Auctions,  general  remarks  in  regard  to, 63 

Auctioneers,  who  may  be, 63 

To  give  security,  when, 64 

May  employ  clerk  to  sell,  when, 64 

To  pay  duties,  when, 65 

Bond  of, 67 

Approval  of  bond  of, 67 

Certificate  to  Comptroller  for, 68 

Oath  of  clerk  of, '. .  68 

Oath  of,  to  his  account, ....    68 

Oath  of  clerk  of,  to  account, 68 

Certificate  of  Port  Wardens  for, 69 

Oath  of  officer  of  insurance  company  for, 69 

Affidavit  of  sale  by,  in  foreclosure, 163 

Contract  signed  by,  at  sale,  . .  .• 131 

Commissions, 221 

Award,  in  arbitration, 44,  45 

Proof  of  execution, 46 

Proof  of  service  of, 46 

Banks,  remarks  on, 70 

Regulations  of  the  Department  of, 72 

Certificate  of  organization  of, 75 

Affidavit  of  mortgagor  to, 76 

Appraisal  of  farm  lands  mortgaged  to, 77 


INDEX.  567 

FAQZ. 

Banks,  npprai?al  of  village  lands  mortgaged  to, 78 

Power  to  transfer  stock  in, 84 

Proxy  to  vote  at  election  of  officers  of, 84 

Affidavit  annexed  to  proxy, 85 

Transfer  of  stock  in, 85 

Inspectors'  oath  at  election, 85 

Oath  of  stockholder  when  challenged, 85 

Oath  of  proxy  when  challenged, 86 

Affidavit  of  officer  to  statement  of  dividends, 86 

Power  of  attorney  to  receive  dividends  of, 86 

Bank  Notes,  -bonds  given  to  secure, 82 

Banking  Association,  instructions  of  department  for, 72 

Certificate  of  organization  of, 75 

Bond  to, 79 

Mortgage  to, 80 

Bond  given  by,  to  secure  notes, 82 

Banker,  certificate  of  an  individual, 75 

Certificate  as  to  residence  of  individual, 76 

Bank  DErARTMEXT,  regulations  adopted  by, 72 

Appraisal  of  farming  lands  for, 7  / 

Appraisal  of  village  lands  for, '8 

Barrels,  contract  to  make  flour, ^3/ 

Bastards,  who  are, 456 

How  supported, ^^' 

Bastardy,  application  in  cases  of, _ 477 

Examination  before  bill h. •  ■  4(7 

Examination  after  birth, 478 

Warrant  to  apprehend  putative  father, 478 

Subpoena  in  case  of, 4/8 

Bond  on  adjournment  of  hearing, 478 

Order  of  filiation, 4/9 

Bond  under  order  of, 480 

Warrant  to  commit  father, 480 

Warrant  to  release  fether, 481 

Bond  given  m  a  foreign  county, 482 

Order  of  filiation,  father  absent, 482 

Warrant  to  commit  mother  not  testifying, .,  •  •  •  483 

Summons  to  the  mother,  as  to  order, 484 

Order  that  mother  support,   4<.4 

Warrant  to  commit  mother, ^°^ 

Summons  to  mother  to  testify, 485 

Warrant  for  absconding  parent, 486 

Order  reducing  sum  to  be  paid, 486 


568  INDEX. 

TAQIS. 

Bastardy,  notice  to  increase  pay, ■. . . .  487 

Notice  of  appeal  in, 487 

Bigamy,  warrant  for, 357 

Bill  of  Particulars,  of  mechanics'  lien, 398 

Of  owner  of  house, 400 

Bills  of  Exchange,  what  are, 90 

When  to  be  presented, 91 

Days  of  grace, 92 

Forms  of, 95 

A  set  of, 97 

Notice  of  protest  of, 98 

Certificate  of  protest  of, 98,     99 

Bill  of  Sale,  what  is, 100 

Form  of  general, 102 

Of  a  registered  vessel, 102 

Of  an  enrolled  vessel, 103 

In  the  nature  of  a  chattel  mortgage, 104 

Blind,  to  be  supported, 454 

Board  of  Registry,  fees  of  the  clerk  of, 223 

Board  of  Supervisors,  powers  and  duties  of, 544 

To  lay  taxes, 533 

Bonds,  what  are, 107 

Penal, 109 

Common, 109 

With  conditions  as  to  insurance,  &c., 110 

For  payment  of  money  at  diSerent  times, 110 

To  execute  a  conveyance, Ill 

To  refund  a  legacy, Ill 

To  indemnify  surety  to  a  bond, 112 

To  indemnify  on  paying  lost  note, 1 12 

Of  indemnity  to  Sherifi", 113 

For  performance  of  a  contract, 113 

Bottomry, 113 

Respondentia, 114 

Of  a  treasurer  of  a  company  or  society, 115 

On  obtaining  attachment, 322 

To  retain  goods  on  attachment, 323 

Of  apprentice,  on  complaint  of  master, 35 

Of  master,  on  complaint  of  apprentice, 33 

Of  submission  in  arbitration, 42 

On  adjournment  in  a  bastardy  case, 478 

.  In  a  foreign  count}',  in  bastardy, 482 


i 


INDEX.  5G9 

PA»E. 

Bonds,  of  Superintendent  of  the  Poor, 487 

Of  Overseer  of  the  Poor, 488 

On  adjournment  of  Justice's  Court, 325 

On  adjournment  for  a  tort, 326 

On  a  plea  of  title, 327 

To  detain  a  canal  boat, 327 

Of  tavern  or  inn-keeper, 215 

Of  store-keeper  to  sell  intoxicating  liquor, 217 

Given  by  absconding  husband  or  father, 4G0 

Of  auctioneer,  67 

Of  collector  of  taxes, 538 

Of  assignee, 60 

Approval  of  assignee's, 61 

On  appeal  in  admeasuring  dower, 210 

Receipt  for  money  paid  on, 498 

Receipt  for  interest  on, 499 

On  application  to  keep  a  ferry, 244 

Of  school  district  collector, 512 

To  a  banking  association, 'i^ 

Assignment  of,  to  banking  department, 81 

Bond  and  Mortgage,  assignmefnt  of, 55 

Assignment  of,  with  guaranty, 56 

Assignment  of,  indorsed, 57 

Assignment  of,  as  collateral  security, 57 

Books,  assignment  of  the  right  to  print  one  edition, 52 

Agreement  to  engrave  cuts  for, 133 

To  sell  manuscript  copy  of, •  •  •  135 

To  enlarge  second  edition  of, 136 

Bottomry  Bond,  what  it  is, ^^* 

Form  of, 113 

Brokers,  fees, ^■^'■ 

California,  form  of  acknowledgment  in, 13 

Cattle,  distrained,  certificate  as  to  damage, 239 

Caveat  of  a  patent, "^-^ 

Certificate  of  sale  by  a  Sheriff, •  •  •  1*^" 

Assignment  of  Sheriff's, 1^' 

For  plank  roads,  scrip  of, ^'^' 

Of  County  Clerk  to  a  deed  to  be  recorded  in  another  State, 13 

Charter  of  a  Christian  association, ^-^ 

Of  a  manufacturing  company, ^^ 

Chattel  Mortgage,  what  is, 

Must  be  filed, ^^^ 

72 


570  INDEX. 

FA6K. 

Chattel  Mortgage,  how  renewed, 101 

To  sequre  a  money  demand, 104 

•       To  secure  a  note, 105 

To  secure  an  indorser, 105 

To  secure  surety  on  a  lease, 105 

Indorsement  on  copy  of  renewal, 106 

Notice  of  sale  to  foreclose, 106 

As  security  for  a  lease, 372 

Child  of  pensioner,  identity  of, 438 

Commitment  to  poor  house, 471 

Poor,  indenture  of, 471 

CniLDRKN  ordered  to  maintain  their  father, 461 

Begging,  to  be  committed, 456 

Christian  Association,  charter  of  Young  Men's, 83 

Church  Edifice,  subscription  to  build, 138 

Citizenship,  certificate  of, 407 

Clerks  of  Counties,  how  elected,  and  duties  of, 116 

Proclamations  of, 117 

Address  on  taking  recognizance, 124 

Entry  when  an  attachment  issues, 125 

Taking  a  verdict  in  a  capital  case, 125 

Polling  a  jury,   125 

Taking  a  verdict  in  a  civil  case, 126 

Entry  of  verdict, 126 

Polling  jury  in  a  civil  action, 126 

Certificate  of,  as  to  ofiicer  taking  acknowledgment, 126 

Of  ofiicial  character, 127 

To  a  copy  of  a  record, 127 

Notice  of  drawing  jury, 127 

Notice  of  drawing  additional  jury, 127 

Clerk  of  School  District,  notice  to  officers  of  election, 518 

Notice  to  town  clerk  as  to  officers, 518 

Order  filling  vacancy  in  office  of, 519 

Of  school  district  election  and  duties, ." . .  503 

Clerk  of  Auctioneer,  oath  of, 68 

Oath  to  account, , 68 

Clerk  of  Board  of  Supervisors,  fees  of, 223 

Clerk  of  the  Polls,  fees  of, 221 

Clerk  of  the  Town,  fees  of.   233 

Clerk  of  Merchant,  contract  with, 138 

Clerk's  indenture, 25 


INDEX.  571 

PAex. 
Codicil  to  a  will, 556 

Collector  of  Taxes,  duties  of, 534 

Oath  of, 546 

Bond  of,  538 

Affidavit  of  unpaid  taxes, , 540 

Warrant  for, 539 

Notice  of,  to  pay  taxes, 539 

Account  of  unpaid  taxes, 540 

Notice  of  sale  by, 541 

How  elected, 543 

Fees  of, 233 

Vacancy  in  office,  how  filled, 544 

Collector  of  School  District,  how  elected, 503 

Duties  of, 504 

Bond  of, 512 

.  Vacancy  in,  how  filled, 505 

Notice  to  pay  taxes,  516 

Return  of, 516 

Fees  of, 228 

Notice  of  levy  and  sale, 516 

Collections,  power  of  attorney  to  make, 492 

Commission,  in  Justices'  Court, 337 

May  issue,  when, 316 

Notice  for,  and  proof  of  service, 337 

Affidavit  for, 337 

Interrogatories  for, 338 

Cross  interrogatories  for, 338 

Summons  for  a  witness  on, 338 

Oath  of  witness  on, 339 

Caption  of  deposition  of  return, 339 

Commissioners  to  take  testimony  in  Justices'  Court,  fees  of, 224 

CoMjnssiONERS  OF  Deeds,  fees  of, 223 

Commissioners  to  loan  United  States  deposit  fund,  fees  of, 224 

Commissioners  of  Excise,  how  appointed, 211 

Order  appointing, -!■* 

Fees  of, 223 

Fees  of  clerk  of, 223 

Commissioners  to  admeasure  dower,  order  for, 208 

To  admeasure  dower,  oath  of, 208 

To  admeasure  dower,  report  of, 208 

In  partition  and  dower,  fees  of, 224 

Commissioners  in  laying  out  road,  appointment  of, 2/1 


572  INDEX. 


VAOE. 


Commissioners  in  laying  out  road,  assessment  by, 272 

Oath  of,  in  laying  out  plank  road, 449 

Commissioners  of  Highways,  how  elected,  and  duties, 246 

Oath  and  bond  of, 255 

Appointment  of,  for  a  vacancy, 256 

Order  dividing  town  mto  road  districts, 256 

Assessment  of  highway  labor, 258 

Annual  account  of, , .  264 

Statement  of,  for  Supervisors, 264 

Order  of  laying  out  a  highway,  269  266 

Order  of  altering  a  highway, 267 

Order  of  refusing  to  lay  out  a  highway, 270 

Laying  out  a  road  in  two  towns, 275 

Laying  out  a  private  road, 277 

Order  discontinuing  a  road,  .  .•  278 

Order  of,  to  remove  a  fence, 283 

How  elected, 543 

Vacancy  in  office,  how  filled, 544 

Oath  of, 546 

Fees  of, 223 

Committee  of  Lunatic,  deed  by, 154 

CoMAQTMENT  of  Vagrant, 470 

For  not  finding  sureties, 349 

For  further  examination, 357 

Of  subscribing  witness, 17 

Common  Carrier,  complaint  against, 334 

Company,  plank  road,  how  formed, 442 

Contract  to  sell  shares  of, 138 

Bond  of  a  treasurer  of, 115 

Af&davit  of  non-payment  of  tax, 541 

Complaint  against  maker  of  a  note, 333 

For  work,  labor  and  services, 334 

An  assigned  account, 334 

For  rent, 334 

To  recover  personal  property, 342 

For  goods  sold, 334 

Against  a  carrier  for  goods  lost, 334 

For  injuring  personal  property, 335 

For  injuring  real  property, 335 

In  replevin, 342 

For  breach  of  warranty, 335 

Against  a  disorderly  person, 474 

For  grand  larceny, 350 


INDEX.  573 

FAGR. 

Complaint,  for  not  working  highway^., -GO 

To  obtain  a  peace  warrant, 3-47 

For  forcible  entry  and  detainer, •  •  •  381 

For  detainer  after  peaceable  entry, 385 

On  refusal  of  apprentice  to  serve, 28 

On  misbehavior  of  apprentice, 29 

By  apprentice  for  ill-treatment, 31 

By  apprentice,  where  money  is  paid, 32 

By  master,  where  money  is  paid, 34 

Composition  with  creditors, IS^ 

Confession  of  judgment  in  Justices'  Court, 332 

Connecticut,  form  of  acknowledgment  in, 9 

Constables,  how  elected, 543 

Constitutional  oath  of, ■J'^G 

Vacancy  in  office,  how  filled, 544 

Eemoval  of,  for  not  paying  over  money, 345 

Fees  of, 224 

Oath  on  retiring  with  a  jury, 3:^2 

Oath  while  attending  a  jury, l-J- 

Oath  to  excuse  a, ' ^22 

Return  to  a  venire,  330 

Return  to  an  attachment, 324 

Return  to  summons,  defendant  not  found, 325 

Return  of,  in  replevin, 341 

Return  on  executions, 344 

Advertisement  of  sale, 344 

Contempt,  warrant  for  a  criminal, 346 

Conviction  for  a  criminal, 346 

Commitment  for, 346 

Contractor,  notice  of  mechanics'  lien, 396 

Contract,  what  is, ^2J 

What  void  by  the  statute  of  frauds, 129 

For  the  sale  and  purchase  of  land, 131 

To  be  signed  by  auctioneer  at  sale, 131 

For  sale  of  goods  as  they  shall  be  appraised, 132 

To  build  a  house  according  to  a  plan  and  specification, 132 

For  freight  of  a  ship, 1  "^3 

To  engrave  cuts  for  a  book, 133 

Of  copartnership, 1*^* 

To  continue  a  partnership, 1^^ 

To  sell  manuscript  and  copyright  of  a  book, 135 

For  sale  of  real  estate,  assignment  of, •    •  ■  •  51 

Assignment  of,  as  security, •  ^* 


574  INDEX, 

PAGE. 

Contract,  bond  to  insure  performance  of, 113 

To  enlarge  and  superintend  second  edition  of  a  book, 136 

As  to  a  party  wall, 136 

For  making  flour  barrels,  137 

To  sell  and  deliver  wood, 137 

With  a  workman  or  clerk, 138 

As  a  subscription  to  build  a  church, 138 

Of  a  sale  of  wheat, 139 

.    To  sell  shares  of  stock  in  a  company, 138 

Conveyances,  ^ee  deeds  and  mortgages. 

Conveyance,  bond  to  execute, Ill 

Conviction  of  a  vagrant,  ...  470 

For  not  working  highways, 261 

Copartnership,  what  is  a  general, 408 

What  IS  a  limited, .*. 410 

Articles  of, 412,  414 

Agi-eement  to  continue, 413,  415 

,     Dissolution  of, 416 

Certificate  of,  hmited, 416 

Affidavit  of,  filed  with  certificate, 416 

Notice  to  be  published, 417 

Designation  by  clerk  of  newspaper, , 417 

Proof  of  publication  of  notice, 417 

Contract  of, , 134 

Contract  to  continue, 135 

Copy  of  Record  or  Paper,  clerk's  certificate  to, ,  127 

Copyright,  assignment  of  one  edition  in, 52 

Assignment  of, 53 

Contract  to  sell, 135 

Coroners,  how  elected,  and  duties  of, 165 

Fees  of, 225 

Assignment  of  districts  to,  in  New  Tork  city,  168 

Subpoena  for  witness, v 168 

Attachment  against  a  witness, 168 

Return  to  attachment  of, 169 

Oath  to  jury  of, 169 

Oath  of  witness  before  jury  of, 169 

Inquisitions  found  by  jury  of, 169 

Warrant  of,  to  arrest  a  party  charged, 173 

Oath  of  witness  before, 173 

Oath  to  interpreter  before, 1 73 

Testimony  taken  before, 174 

Warrant  of,  to  commit  prisoner, 174 


INDEX.  075 

Coroners,  commitment  of  witness  to  give  evidence, 175 

Recognizance  of  witness  by, 175 

Recognizance  of  witness  with  sureties, 175 

"Warrant  to  commit  witness  to  testify, 175 

Statement  of,  to  Board  of  Supervisors, 176 

Corporations,  how  created, 70 

Charter  of  a  manufacturing, SI 

Power  of  attorney  to  transfer  stock  in, 84 

Deed  of, 155 

Proxy  to  vote  at  election, 84 

Affidavit  of  officer  as  to  dividends  or  deposits, 86 

Costs  in  foreclosure  by- advertisement, 1G4 

County  Clerk's  certificate  that  judgment  is  satisfied, 15 

Fees  of, ^ 221 

County  Judge,  approval  of  assignee's  bond, 61 

Summons  to  assignee, 62 

Compensation  of, 225 

County  Superintendents,  fees  of, 225 

County  Poor,  certificate  as  to, 463 

County  Treasurer,  duties  of,  as  to  taxes, 534 

Warrant  to  collect  taxes, 541 

Certificate  as  to  collector's  return, 540 

Account  of  unpaid  taxes, 540 

Fees  of, 225 

Covenants,  what  they  are,  and  the  kinds  of, 177 

General  form  of, 179 

Joint  and  several, 179 

Of  husband  for  himself  and  wife, 179 

Several, 179 

Of  insurance  in  a  mortgage, 160 

Against  incumbrance, 179 

Of  seisin,  and  right  to  convey, 1 80 

Of  warranty, 1 80 

For  further  assurance, 180 

For  quiet  enjoyment, 181 

By  special  guardian,     181 

By  tenant  for  life,  and  of  the  reversion, 181 

In  a  partition  deed, ^81 

Full, 1^2 

Mutual,  and  dependent, 1 82 

Creditor,  affidavit  of,  to  redeem, 156 


576  INDEX. 

FAOS. 

Ceier  of  Courts,  how  appointed, 116 

Fees  of, 226 

Proclamations  of, 117 

Criminal  Subpcena, 358 

Damages,  appraisal  of,  when  fence  is  out  of  repair, 239 

Appraisal  of,  where  cattle  are  distrained, 239 

Debt,  assignment  of, 52 

Assignment  to  pay,  with  preference, 58 

Assignment  to  pay  generally, 59 

Debtors,  fees  of  assignees  of, 233 

Inventory  of,  for  County  Judge, 60 

Debtor.  See  Insolvent  Debtor. 

Deed,  requisites  of, 140 

Who  may  make, 141 

Quit  claim,     146 

Covenant  against  grantor, 146 

Warranty, 147 

Full  covenant, 148 

With  covenant  for  further  assurance, 148 

With  covenant  for  quiet  enjoyment, 148 

Executors, 149 

Where  land  is  subject  to  a  mortgage, 149 

Sheriff's,  on  sale  under  an  execution, 150 

Guardian's, 151 

Sheriff's  or  referee's,  in  mortgage  foreclosure, 152 

Executor's,  under  direction  of  will, 153 

Of  sheriff  or  referee  in  partition, 153 

By  committee  of  lunatic,  154 

Of  a  water-course, 155 

By  a  corporation, 155 

Sheriff's  certificate  for, 156 

Of  right  of  way, 157 

Of  dower  right,   157,  158 

Of  part  of  mortgage  premises, 158 

Afiidavit  making,  in  a  foreclosure, 162 

Of  land  for  a  plank  road, 452 

Fees  of  commissioners  of, 223 

Exemption  of  homestead,  clause  in, 299 

Delaware,  form  of  acknowledgment  in, 10 

Demurrer  in  Justices'  Court, 336 

Deposition,  caption  of, '. 339 

As  to  interference  of  a  patent, 430 


INDEX.  577 

PAGE. 

DiRECTOKS  of  plank  roads,  notice  of  first  election,  446 

Notice  of  annual  election  of, 453 

Annual  report  of, 453 

Power  to  vote  for, 491 

Disorderly  Person,  complaint  against, 474 

Warrant  to  arrest, 4  <  D 

Recognizance  of, 4/  o 

Record  of  conviction  of, 476 

Warrant  to  commit, 4< 6 

Warrant  to  discharge, 476 

House,  warrant  for  keeping, 357 

Districts  for  purpose  of  elections, 548 

Dividends,  affidavit  of  officer  as  to, 86 

Power  of  attorney  to  receive, 86,  491 

Division  Fences.  See  Fences. 

Divorces,  decreed  when, 289 

Dower,  what  it  is, 201 

How  barred, 202 

How  apportioned, 203 

Release  of,  to  heir, 205 

General  release,  indorsed  on  a  deed, 205 

Assignment  of, 20o 

Petition  for  admeasurement  of, 206 

Affidavit  to  petition  for, 206 

Notice  of  application  for, 206 

Notice  by  heirs  to  demand, 207 

Petition  for  appointing  guardian, 207 

Order  appointing  guardian, 207 

To  admeasure,  and  appointing  commissioner, 208 

Oath  of  commissioners, 208 

Report  of  commissioners, 208 

Notice  to  confirm  report  of  commissioners, 209 

Order  confirming  report  of  commissioners, 209 

Notice  of  appeal  in, 210 

Bond  on  appeal  in, -^*^ 

Jointure  in  place  of, 296 

Fees  of  commissioners  in, --4 

Devise  in  lieu  of, S'^" 

When  the  will  gives  in  addition  to, 554 

Dog,  warrant  for  assault  with, ^ao 

Drunkard,  Habitual,  inn-keeper  not  to  sell  liquor  to, 472 

"Venire  whether  a  person  is, ....  4(  ^ 

Subpoena  for  a  witness  as  to, 4< 3 

73 


578  INDEX. 


PAOK 


Drunkard,  Habitual,  juror's  oath  as  to, 473 

Witness'  oath  as  to, 473 

Execution  against, 47H 

Revoking  order  as  to, 474 

Due  Bill, 96 

Election,  notice  of, 543 

Districts,  division  into, 548 

Fees  of  inspectors  of, 226 

Embarrassed  Debtor,  letter  of  Hcense  to, ]  87 

Emigrant,  indenture  of,  to  pay  passage, 27 

Encroachments  on  the  highway,  order  to  remove, 283 

Denial  of, 284 

Summons  for  a  jury  on, 284 

Verdict  of  a  jury  as  to, 285 

Warrant  to  collect  costs  on, 286 

Encumbrances,  covenants  against,  179 

Engrave,  contract  for  cuts  for  a  book, 133 

Enrollment  of  a  ship  or  vessel 524 

Episcopal  Church,  incorporation  of, 86 

Escape,  warrant  for  aiding  in,    356 

Examination,  commitment  for  further, 357 

Excise,  commissioners  of,  how  appointed  and  duties, 211 

Order  appointing  commissioners  of, 214 

Book  of  minutes  of  board  of. 217 

Transcript  of  minutes  of  board  of, 218 

Fees  of  commissioners  of, 223 

Petition  for  license  to  keep  an  inn, , 214 

Proof  of  signatures  to  the  petition, 215 

Inn-keeper's  license, 215 

Inn-keeper's  bond, 215 

Acknowledgment  of  inn-keeper's  bond, 216 

Justification  of  sureties  to  bond, 216 

Approval  of  bond  by  the  board  of, 216 

Storekeeper's  license, 216 

Storekeeper's  bond, 217 

Exemption  of  homestead 297 

Notice  of,  in  a  deed,     299 

Waiver  of 299 

Execution  in  Justices'  Court, 343 

Indorsement  on,  by  Justice, 344 

Renewal  of. .  344 


INDEX  579 

PAGB 

Execution,  indorsement  of  a  levy,    344 

Advertisement  of  sale  under, 344 

Constable's  return  on, 344 

Against  an  habitual  drunkard, 473 

Against  Overseers  of  the  Poor, 474 

Deed  on  sale  under, 150 

Executor,  power  to,  to  convey  real  estate,  .    558 

Proof  of  qualification  of, 559 

Fees  of, 226 

Deed  of,  149 

Deed  under  a  will, 153 

Acknowledgment  of  deed  by, 9 

False  Imprisonment,  warrant  for, 355 

Farm,  lease  of, 370 

Father,  absconding,  warrant  for, 459 

Fees,  what  officers  entitled  to, 219 

Of  arbitrators, 220 

Of  assessors, ....  220 

Of  attorneys, 220 

Of  auctioneers, 221 

Of  brokers, .221 

Of  clerks  of  the  polls, 221 

Of  county  clerks, 221 

Of  clerk  of  board  of  supervisors, 223 

Of  clerk  of  commissioners  of  excise 223 

Of  clerks  of  the  polls  and  of  the  board  of  registry, 223 

Of  commissioners  of  deeds, , 223 

Of  commissioners  of  excise, 223 

Of  commissioners  of  highways, 223 

Of  commissioners  in  partition  and  dower, 224 

Of  commissioners  to  take  evidence  in  Justices'  Courts, 224 

Of  commissioners  of  United  States  deposit  fund, 224 

Of  constables, 224 

Of  coroners, 225 

Of  county  judges,  225 

Of  county  superintendents,   225 

Of  county  treasurers, 225 

Of  criers  of  Courts  of  Record, .-^. 226 

Of  executors  and  administrators, 226 

Of  fence  viewers, 22C 

Of  inspectors  of  elections, 226 

Of  jurors, 226 

Of  Justices  of  the  Peace, 227 


580  '  INDEX. 

FAGk. 

Fees  of  Justices  of  the  Peace  in  County  and  Special  Sessions, 227 

Of  notaries 227 

Of  overseers  of  the  poor, 228 

Of  overseers  of  highways, 228 

Of  pound  master, 228 

Of  printers, 228 

Of  referees,   228 

Of  registers  of  deeds, 228 

Of  school  district  collector, 228 

Of  sealers  of  weights  and  measures, 228 

Of  sheriffs,  in  civil  actions, 229 

Of  sheriffs,  in  criminal  cases, 230 

Of  surrogates, 231 

Of  surveyors, 233 

Of  town  clerks, 233 

Of  town  collectors, 233 

Of  trustees  or  assignees  of  assigned  debtors, 233 

Of  witnesses, 233 

Of  supervisors, .  , 231 

On  issuing  patents, 421 

Fences,  matters  in  dispute  about,  how  settled, 235 

Appraisal  of,  where  land  has  lain  open, 238 

Decision  in  regard  to  division, 238 

Appraisal  of  damage  on  account  of  defect  in, 239 

Notice  that  a  party  wishes  to  remove  division, 239 

Determination  allowing  removal  of  division, 239 

Fence  Viewers,  who  are,  and  their  duties,  . 235 

Appraisal  of  fence  by,  where  land  Hes  open, 238 

Certificate  on  dividing  a  division  fence,   238 

Appraisement,  where  fence  was  defective, 239 

Notice  that  a  party  is  to  remove  his  fence, 239 

Determination  in  regard  to  removal  of  fence, 239 

Certificate  where  cattle  have  trespassed,    239 

Certificate  where  stray  was  not  claimed, 240 

Certificate  of  as  to  «trays,    530 

.  Fees  of, 226 

Felony,  warrant  for  intent  to  commit, 354 

Ffrrt,  who  may  keep, 241 

License  to  keep,  how  granted 241 

Notice  of  application  for  license  to  keep, 243 

Proof  of  service  of  foregoing  notice,  243 

Apphcation  for  a  ferry  by  owner  of  the  land, 243 

Application  for  a  ferry  by  a  person  not  an  owner, 244 


INDEX.  581 

FAOE. 

J'erry,  recognizance  on  application, 244 

License  for  a  ferry,   244 

Certificate  of  clerk  indorsed  on  copy  of  license, 245 

Filiation,  order  of, 479 

Bond  under  order  of, 480 

Bond  given  in  a  foreign  country, 482 

Fire,  proof  of  loss  by,  to  obtain  insurance, 306 

Certificate  of  notary  public  as  to  loss  by, 307 

Flour  Barrels,  contract  to  make, 137 

Forcible  Entry  and  Detainer,  what  it  is, 364 

Complaint  in, 381 

Affidavit  annexed  to  complaint, 381 

Precept  to  summon  jury, • 381 

Notice  to  person  complained  of, 382 

Juror's  oath, ; 382 

Inquisition  of  the  jury, 382 

Traverse  in, 383 

Venire  for  the  petit  jury,  383 

Juror's  oath  upon  traverse, 384 

Warrant  to  the  sheriff  to  make  restitution, 384 

Warrant  of  restitution  in  default, 385 

■    Complaint  in,  after  peaceable  entry, 385 

Affidavit  annexed  to  foregoing  complaint, 386 

Foreclosure,  of  mortgage  by  advertisement,  notice  of, 162 

Proof  of,  by  advertisement, 162 

Costs  in,  by  advertisement, 164 

Deed  in,  by  sheriff  or  referee, 1^2 

Frauds,  statute  of, 129 

Freight,  contract  as  to,  of  a  ship, 133 

Full  Covenant  Deed, 14^ 

Georgia,  form  of  acknowledgment  in, H 

Goods  Sold,  complaint  for, 334 

Goods,  agreement  to  sell  as  they  shall  be  appraised, 132 

Grand  Larceny,  complaint  for, 350 

Warrant  for, 350 

Guardian  of  plaintiff,  appointment  of, 324 

Of  defendant,  appointment  of, 325 

Deed  of,  '51 

Petition,  for,  in  admeasuring  dower, 207 

Order  appointing  in  admeasuring  dower, 207 

Of  a  pensioner,  oath  of, ■^"^° 

Claim  for  a  navy  pension, ^"^^ 


582  INDEX. 


PAOE. 


Guardian,  appointment  of,  by  will, 557 

Consent  of  to  apprentice's  indenture, 25 

Covenant  bj^  special, 181 

To  acquire  title  by  plank  road  company, 450 

Guaranty  of  promissory  notes, 97 

Of  an  assigned  bond  and  mortgage, 56 

Highways,  commissioners  of,  how  elected, 246 

Duties  of  commissioners  of, 247 

Overseers  of,  how  elected  and  duties  of, 249 

Assessments  for,  how  made, 250 

Encroachment  on,  removed  how, 254 

Oath  of  commissioners  of, 255 

Bond  of  commissioners  of, 255 

Appointment  of  commissioner  to  fill  vacancy, 256 

Order  of  commissioners  dividing  a  town, 256 

Appointment  of  an  overseer  to  fill  vacancy,  256 

List  of  persons  liable  to  labor  on, 257 

List  of  non-resident  land  owners, 257 

Assessment  of  labor  on, 258 

Additional  assessment  of  labor  on, 258 

Appeal  from  assessment  of  labor  on, 259 

Notice  to  commissioners  of  appeal, 259 

Notice  of  labor  to  non-residents, 259 

Fees  of  commissioners  of, 223 

Fees  of  overseers  of,  .    228 

Complaint  against  a  person  not  working 260 

Complaint  for  not  furnishing  a  team, 260 

Summons  where  a  person  refuses  to  work  on, 261 

Constable's  return  to  above  summons, 261 

Conviction  where  a  person  refuses  to  work  on, 261 

Warrant  to  collect  a  fine  for  not  working, 262 

List  of  non-residents  Avho  have  not  worked  or  paid, 262 

Affidavit  on  last  above  list, 262 

Annual  account  of  overseer, 263 

Oath  to  account  of  overseer, 264 

Annual  account  of  commissioners,  * 264 

Statement  by  commissioners  for  supervisor, 264 

Notice  of  application  for  additional  sum, 265 

Complaint  against  an  overseer, 265 

Security  for  costs  given  on  complaint, 265 

Assessment  by  overseer  of  persons  left  out  of  the  list, 266 

Appeal  from  overseer's  assessments, 266 

Application  for  a  new  road, 266 

Order  laying  out  a  road,  lands  not  inclosed, 266 


INDEX.  583 

PAGE. 

Highways,  application  to  alter  a  road, 207 

Order  altering  a  road, 207 

Application  for  a  road  through  improved  land, 208 

Notice  of  meeting  of  freeholders, 208 

Proof  of  fixing  notice  of  application, 208 

Oath  of  freeholders,  on  opening, 208 

Certificate  of  freeholders  on  opening, 2G9 

Notice  by  commissioners  as  to  opening  road, 209 

Order  of  commissioners  for  a  road  in  improved  land, 209 

Order  refusing  to  alter  or  lay  out, 270 

Agreement  as  to  damages,  on  laying  out, 2.0 

Release  of  damages  on  laying  out, 270 

Application  for  commissioners  to  lay  out, 271 

Order  appointing  commissioners  to  assess  damages, 271 

Notice  to  commissioners  of  their  appointment, 271 

Oath  of  commissioners  to  assess  damages, 271 

Oath  to  witnesses  before  commissioners, 272 

Assessments  by  commissioners  of  damages, 272 

Notice  for  reassessment  of  damages, 272 

Certificate  of  drawing  of  a  jury  as  to  damages, 273 

Summons  for  a  jury  to  assess  damages, 273 

Oath  of  a  jury  assessing  damages, 273 

Verdict  of  jury  reassessing  damages, 273 

Certificate  of  justice  as  to  reassessment, 274 

Order  describing  an  old  highway, 274 

Settlement  by  commissioners  of  two  towns, 274 

Order  laying  out  a  road  between  two  towns, 275 

Application  for  a  private  road, 275 

Notice  to  the  owner  of  land  for  a  private  road, 270 

Certificate  of  a  jury  as  to  a  private  road, 276 

Summons  for  a  jury  to  lay  out  a  private  road, 27ii 

Oath  of  jurors  laying  out  a  private  road, 2(7 

Order  laying  out  a  private  road, ->  ' 

Application  to  discontinue  an  old  road, 2(7 

Oath  of  freeholders  on  discontinuing  road, 2(8 

Certificate  for  discontinuing  old  road, -'^ 

Order  discontinuing  old  road, 2/8 

Order  refusing  to  discontinue  old  road, 2( !) 

Appeal  from  order  of  commissioners, 2(  i) 

Appointment  of  referees,     '-'9 

Oath  of  referees, 28(t 

Notice  to  referees  of  their  appointment, 280 

Notice  by  referees  to  commissioners, 280 

Notice  by  applicant  to  the  referees, 280 


584  IM)EX. 


FAOB, 


Highways,  subpoena  on  appeal  b}-  referee?, 28 1 

Oath  of  witness  before  the  referees, 281 

Decision  ot  referees  on  appeal, 281 

Eeferees'  order,  when  a  road  is  to  be  laid  out  by  them, 282 

Assessment  by  overseer  for  scraper  or  plow, 282 

Notice  to  agent  of  non-resident,  to  work  on, 282 

Notice  to  occupant  to  remove  fence 283 

Order  of  commissioners  to  remove  fence, 283 

Notice  to  occupant  to  remove  encroachment, 283 

Denial  of  encroachment, 284 

Summons  for  a  jury  as  to  encroachment, 284 

Juror's  oath  on  encroachment, 284 

Oath  to  witness  as  to  encroachment, 285 

Notice  of  meeting  of  jury  and  commissioners, 285 

Verdict  of  a  jury  as  to  encroachment. 285 

Warrant  to  collect  costs  as  to  encroachment, 286 

Verdict  of  jury  of  no  encroachment, 280 

Homestead  Exemption,  what  is  exempt, 297 

Excess  of  value,  how  sold, 298 

Clause  for,  in  a  deed, 299 

Notice  of,  to  be  recorded, 299 

Acknowledgment  of  notice, 299 

Waiver  of, 299 

Oath  of  jury  on  appraisal  of, 300 

Certificate  of  jury  on  appraisal  of, 300 

Notice  of  sheriff  given  to  owner  of, 300 

Certificate  of  jury  to  divide  the  property,   301 

Hotel,  keeper's  license, ' 215 

Keeper's  bond, 215 

Keeper's  bond,  acknowledgment  and  approval  of, 216 

House,  agreement  to  build  according  to  a  plan, 132 

Lease  of,  . .    3G7 

Husband,  warrant  for  absconding, 459 

Husband  and  Wife,  who  may  become, 287 

How  divorced, 289 

Certificate  of  marriage  of, 292 

Articles  of  separation, 294 

Illinois,  form  of  acknowledgment  in, 12 

Imprisoned  Debtor,  petition  for  discharge  of, 195 

Assignment  of, 197 

Incorporated  Company,  acknowledgment  of  deed, 8 

Contract  to  sell  shares  of. 138 


INDEX.  585 

PAGE. 

Incorporation  of  Religious  Societies, B6,  87 

Indemnity,  bond  for,  on  a  lost  note, 112 

Indenture  of  apprentice, 24r 

Consent  of  parent, 2-t 

Consent  of  justice, 25 

Consent  of  guardian, 25 

Overseers  of  the  poor, 25 

For  binding  a  poor  child, 471 

Of  clerk, 25 

Agreement  of  father  on, 2(j 

Agreement  of  father  that  son  will  be  faithful, 2tJ 

To  pay  passage  money  by  a  foreigner, 27 

Assignment  of  foreigner's, 27 

Approval  of  assignment 28 

Indiana,  form  of  acknowledgment  in, 12 

Individual  Banker,  certificate  of, 75 

Certificate  as  to  residence  of, TG 

Certificate  of  a  person  associated  with, 76 

Bond  given  to  secure  notes, 82 

Indorser,  mortgage  to  secure, 161 

Infant,  appointment  of  guardian  for,  by  will, 557 

Infanticide,  inquisition  in  case  of, 173 

Inn,  petition  to  sell  intoxicating  liquor  in, 214 

License  to  sell  intoxicating  liquor  in, 215 

Bond  of  keeper  of, - 21o 

Acknowledgment  of  bond  of  keeper  of, 216 

Approval  of  bond  of  keeper  of, 216 

Inn  Keeper  forbidden  to  sell  liquor, 472 

Inquisition  of  coroner,  murder  known, 1G9 

Murder  unknown, ^'^ 

Where  one  hangs  himself, 1 '  ^ 

Where  one  has  been  willfully  poisoned, 171 

Where  one  dies  a  natural  death, 1 '  1 

Where  one  is  drowned  by  accident, 1 '  1 

Where  one  drowns  himself, 1 '  -^ 

Where  one  cuts  his  throat, 1 '  2 

Where  one  has  been  killed  resisting  an  officer, 172 

On  the  body  of  an  infant  found  dead, 1 '  ^ 

In  forcible  entry  and  detainer, 382 

Insolvent  Debtor,  how  discharged, 183 

Letter  of  license  to, '°' 

Compostion  with  creditors, 1^^ 

14. 


586  *  INDEX. 

PACK. 

Insolvent  Debtor,  petition  fur  discharge  under  two-third  act, 189 

Affidavit  of  residence  of  petitioner, 189 

^        Schedule  of  debts, 189 

Affidavit  of  residence  of  creditors, 189 

Affidavit  of  one  of  petitioning  creditors, 190 

Affidavit  of  one  of  copartnership  creditors, 190 

Inventory  of  petitioner, 190 

Oath  of, 191 

Order  for  pubHshing  and  to  show  cause, 191 

Notice  to  creditors  and  to  pubhsh, 191 

Proof  of  service  of  notice, 192 

Order  for  assignment, 192 

Certificate  that  assignment  is  made, 193 

Assignment, 193 

Acknowledgment  of  assignment, 193 

Discharge, 194 

Oath  of  assignee, 194 

Notice  of  assignment  by  assignees, 194 

Petition  of  creditor  of  imprisoned, 195 

Affidavit  of  creditor  of  imprisoned, 1^5 

Order  that  creditors  appear, 195 

Notice  to  creditors  to  appear, 196 

Affidavit  of  creditor  who  joins  in  petition, 196 

Order  for  assignment  of  imprisoned, 196 

Assignment  of  an  imprisoned, 197 

Petition  for  discharge,  wliile  in  prison,  of, 197 

Affidavit  to  petition  of  imprisoned, 198 

Order  to  bring  prisoner  into  court, 198 

Order  that  assignment  be  made,  198 

Assignment  annexed  to  petition, 199 

Discharge  of  imprisoned, 199 

Application  for  divscliarge,  for  non-payment  of  fine, 199 

Affidavit  to  above  named  application, 200 

Fees  of  assignees  or  trustees  of, 233 

Inspector  of  Elections,  appointment  of, 549 

Oath  at  election, 85 

Fees  of, 226 

Insurance,  assignment  of  policy  of, 50 

Consent  to  assignment  of  policy  of,    50 

Covenant  for  in  a  mortgage, 160 

Bond  to  pay, 110 

What  it  is, 302 

How  collected  after  a  fire,  303 

Apphcation  for,  305 


I 


INDEX.  587 

PAOS. 

INSURANCE,  notice  of  loss 306 

Proof  of  loss, • 306 

Proof  of  value  of  loss, 307 

Certificate  of  notary  public  as  to  loss, 307 

Proof  of  loss  on  property  held  on  commission, 307 

Intirpreter,  oath  of, 121 

Interrogatories  for  a  commission, 338 

Invalids,  claim  for  a  pension, 436 . 

Application  for  a  pension, 440 

Proof  of  i'lcnhty  of, 441 

Surgeon's  certificate  as  to, 441 

Inventory,  of  a  debtor  making  assignment, GO 

Affidavit  to,  60 

Iowa,  form  of  acknowledgment  in, 12 

Jail,  affidavit  to  obtain  discharge  from,    345 

Warrant  for  aiding  to  escape, . 356 

Jointure  in  place  of  dower, 296 

Judge  of  County,  certificate  of,  to  apprentice's  indentures, 25 

Fees  of, 225 

Certificate  as  to  lunacy, 391 

Report  to  supervisors  as  to  lunatics, 392 

Judgment,  assignment  of, '"^4 

Assignment  of — another  form, <J^ 

Of  justices'  court,  assignment  of, ''••' 

Transcript  of,  on  contract,   342 

Transcript  of,  in  tort, 343 

In  justices'  court,  confession  of, 33- 

Affidavit  on  confession  of, ^33 

Release  of  land  from, ^"0 

On  mechanics'  Hen, '^^^t  '^^ '■ 

Of  court  of  record,  satisfaction  of, 14 

Of  justices'  court,  satisfaction  of, 15 

Satisfied,  clerk's  certificate  of, 15 

Judgment  Debtor,  notice  to,  as  to  homestead 300 

Jurors,  list  of  petit  and  grand, 547 

Defaulting,  execution  against, 330 

Defaulting,  summons  agr.inst, 329 

Defaulting,  conviction  of, 329 

Challenge  of, 331 

Oath  of  witness  on  challenge  of, 33 1 

Oath  of  constable  on  retii'ing  with, 332 


588  INDEX. 


PAOB. 


Jurors,  oath  of, 331 

Fees  of, 22fi 

JuRT,  oath  of  grand, llfi 

Oath  of  foreman  of  the  grand, 118 

Oath  of  petit,  in  civil  actions, 119 

Oath  of,  in  criminal  actions, 123 

Oath  in  a  trial  for  a  misdemeanor, 1 24 

Polling  of,  in  criminal  actions, 125 

Polling  of,  in  civil  actions, 126 

Notice  of  the  drawing  of, 127 

Notice  of  drawing  additional, 127 

Order  for  drawing  additional, 127 

Oath  in  forcible  entry  and  detainer, 382 

Inquisition  of,  in  forcible  entry  and  detainer, 382 

Venire  for,  in  forcible  entry  and  detainer, 3S3 

Summons  for,  as  to  encroachment  on  highway, 284 

Oath  of,  as  to  encroachment, 284 

Verdict  of,  as  to  encroachment  on  highway, 285 

Oath  of,  in  regard  to  homestead  exemption, 300 

Certificate  appraising  a  homestead, ...  300 

Certificate  to  divide  a  homestead, 301 

In  opening  a  road,  drawing  of, 273 

In  opening  a  road,  summons  for, 273 

In  opening  a  road,  verdict  of  reassessing, 273 

Order  for,  in  plank  road  matters, 450 

Precept  to  summon  jury  for  plank  road  company, 451 

Verdict  of,  as  to  plank  road  company, 452 

Oath  of  coroner's, 169 

Justice  of  the  Peace,  how  elected, 309 

Proceedings  before.  See  Justice's  Courts. 

Certificate  to  apprentice's  indentures, 25 

Consent  to  apprentice's  indenture, 25 

Fees  of, 227 

A  material  witness, 333 

Justice's  Court,  jurisdiction  of, 309 

Suits  in,  how  commenced, 310 

Short  summons,  issue  when, ...  311 

Attachment  ia,  issue  when, 311 

Pleadings  in, 313 

Adjournments, 314 

Jury  in, 315 

Confession  of  judgment  in, 316 

Not  courts  of  record, 317 

Summons  in, 318 


IXDEX.  589 


PAGK. 


Justice's  Court,  proof  of  service  of  summons  in, 318 

Affidavit  for  a  short  summons, 318 

Security  on  short  summons, :-;i8 

Warrant,  civil, 319 

Return  on  execution  of  warrant, 319 

Affidavit  for  warrant  for  not  paying  over  money, 319 

Affidavit  by  non-resident  plaintiff  for  warrant, 320 

Affidavit  for  warrant  for  trespass, 320 

Security  on  issuing  a  warrant, 320 

Application  for  attachment, 321 

Affidavit  for  attachment, 321 

Subpoena  for  a  witness  to  get  attachment, 321 

Bond  on  tttachment, 322 

Attachment, 322 

Notice  indorseii  on  copy  attachment, 322 

Bond  of  defendant,  to  retain  tlie  goods, 323 

Bond  of  claimant  to  retain  the  goods, 323 

Constable's  return  to  attachment,  324 

Appointment  of  guardian  of  plaintiff, 32'! 

Appointment  of  guardian  of  defendant, 325 

Power  of  attorney  to  appear  in, 325 

Acknowledgment  of  power  of  attorney, 325 

Return  of  constable,  defendant  not  found, 325 

Bond  on  adjournment  in, 325 

Justification  of  surety  on  bond, 326 

Bond  on  adjournment  in  tort, 326 

Bond  on  a  plea  of  title, 327 

Approval  of  bond  on  plea  of  title, 327 

Bond  when  defendant  is  arrested '. 327 

Bond  to  detain  a  canal  boat, 327 

Subpoena, 328 

Subpoena  duces  tecum, 328 

Affidavit  of  service  of  subpoena, 328 

Summons  for  a  defaulting  witness  or  juror, 329 

Attachment  for  a  defaulting  witness 329 

Conviction  of  defaulting  witness  or  juror, 329 

Execution  against  a  defaulting  witness  or  juror, .    330 

Venire, >30 

Constable's  return  to  a  venire, 330 

Trior's  oath  on  challenge  to  jury, 331 

Oath  of  witness  on  a  trial  of  challenge, 331 

Juror's  oath, 331 

Proof  that  subscribing  witness  is  absent, 331 

Proof  that  paper  is  lost, 331 


590  ■  INDEX. 

vxsv. 

Justice's  Court,  oath  on  voire  dire, 332 

Oath  of  a  witness, 332 

Constable's  oath  on  jury  retiring, ] 332 

Confession  of  judgment, 332 

Affidavit  on  confession  of  judgment, 333 

Affidavit  that  a  justice  is  a  material  witness, 333 

Complaint  against  maker  of  a  note, 333 

Complaint  for  work,  labor  and  services, 334 

Complaint  on  assigned  account, 334 

Complaint  for  rent, 334. 

Complaint  for  goods  sold, 334 

Complaint  against  carrier  for  loss  of  goods, 334 

Complaint  for  injury  to  personal  property, *. . . . 335 

Complaint  for  injury  to  real  property, 335 

Complaint  for  breach  of  warranty, ., 335 

Answer,  general  denial 336 

Answer,  plea  of  title, 336 

Indorsement  of  justice  on  plea  of  title, 336 

Demurrer, 336 

Notice  of  motion  for  commission, 337 

Proof  of  service  of  notice  of  motion, 337 

Affidavit  for  a  commission, 337 

Commission, 337 

Interrogatories  for  a  commiaeion, 338 

Cross-interrogatories  for  a  commission, 338 

Approval  of  interrogatories, 338 

Commissioner's  summons,   ' 338 

Oath  of  witness  by  commissioner, 339 

Caption  of  deposition, 339 

Affidavit  on  claim  of  personal  property, 339 

Order  to  take  property, 340 

Undertaking  on  claim  of  personal  property, 340 

Acknowledgment  of  undertaking, 340 

Justification  of  sureties, 340 

Undertaking  to  retain  propertj', 341 

Excepting  to  the  sureties, 341 

Oath  of  surety, 341 

Return  of  constable, 341 

Summon  in  replevin, 342 

Complaint  in  replevin, 342 

Fees  of  commissioners  to  take  testimony, 224 

Transcript  of  judgment  on  contract, 342 

Transcript  of  judgment  in  tort, 343 

Execution  against  property, 343 


INDEX.  591 

rAOK 

Justice's  Court,  execution  against  the  body, 343 

Execution  against  joint  debtors, 344 

Renewal  of  execution, 344 

Indorsement  of  levy  on  execution, 344 

Advertisement  of  sale, 344 

Constable's  return  to  execution, 344 

Assignment  of  judgment  of, 55 

Affidavit  to  discharge  from  jail, 345 

Removal  of  constable, 345 

Warrant  for  criminal  contempt, 346 

Conviction  for  a  criminal  contempt, 346 

Commitment  for  a  contempt, 346 

Commitment-  of  a  witness, 347 

Complaint  for  a  peace  warrant, . ; 347 

Examination  for  a  peace  warrant, 348 

Peace  warrant, 348 

Recognizance  for  court  of  sessions 348 

Warrant  to  commit  for  want  of  sureties, 349 

Warrant  to  commit  to  keep  the  peace, 349 

Warrant  to  discharge  from  jail, 349 

Complaint  for  grand  larceny, 350 

Warrant  for  grand  larceny, 350 

Warrant  for  assault  and  battery, 351 

Warrant  for  murder, 351 

Warrant  for  manslaughter, 352 

Warrant  for  a  rape, 352 

Warrant  for  maiming, 353 

Warrant  for  shooting, 353 

Warrant  for  attempt  to  discharge  firearms, 353 

Warrant  for  assault  with  weapons, 353 

Warrant  for  assault  with  intent  to  kill, 354 

Warrant  for  poisoning 354 

Warrant  for  assault  to  commit  a  felony, 354 

Warrant  for  assaulting  with  a  dog, 355 

Warrant  for  assault  by  bad  driving, 355 

Warrant  for  assaulting  a  sheriff, 355 

Warrant  for  false  imprisonment, 355 

Warrant  for  receiving  stolen  goods, 356 

Warrant  for  perjury, 356 

Warrant  for  aiding  prisoner  to  escape, 356 

Warrant  for  rescuing  a  prisoner, 356 

Warrant  for  a  riot, 3.)7 

Warrant  for  bigamy, 3o7 

Warrant  for  keeping  a  disorderly  ho"use, 357 


592  I^DEX. 

FAOB 

Jcstick's  Court,  warrant  for  trespass  in  cutting  timber, 357 

Commitment  for  further  examination, 357 

Criminal  subpoena, 358 

Warrant  to  arrest  a  witness, 358 

Eecognizance  of  a  witness, 358 

Recognizance  of  a  prisoner, 359 

Complaint  for  a  search  warrant, 359 

Search  warrant, • 360 

Kentucky,  form  of  acknowledgment  in, 11 

Land,  contract  to  sell  and  purchase, 131 

Landlord  and  Tenant,  who  are, 361 

Tenant,  removed  how, 363 

Landlord's  agreement, 366 

Tenant's  agreement, 366 

Surety  given  by  tenant, 36G 

Agreement  not  to  underlet, 367 

Agreement  as  to  use  of  premises 367 

Security  pledging  property, 367 

Lease  of  a  house, 367 

Agreement  between, ^69 

Security  on  the  foregoing, 369 

Farm  lease, 3/0 

Agreement  for  furnished  room, 371 

Assignment  of  a  lease, ; . . . .  371 

Surrender  of  a  lease, 3(1 

Lease  and  chattel  mortgage, 3/2 

Affidavit  of  premises  deserted, 373 

Notice  affixed  on  premises, 373 

Appeal  bond, ^'^ 

Entry  as  to  desertion  in  justice's  docket, 374 

Notice  to  justice  of  appeal, 3/4 

Notice  to  landlord  of  appeal, 3/0 

Oath  of  holding  over, 375 

Summons  to  remove  tenant, 375 

Proof  of  service  of  summons, 375 

Warrant  to  put  landlord  in, 3/6 

Notice  to  tenant  at  will  or  sufferance,  to  quit, 376 

Affidavit  of  landlord,  tenant  at  will, 376 

Summons  to  remove  tenant  at  will, 37  / 

Warrant  to  remove  tenant  at  will, 3  /  / 

Notice  to  pay  rent  or  give  possession, 3/8 

Affidavit  to  obtain  summons  to  quit, 3/8 

Summons  for  tenant  to  show  cause, • 3/8 

Warrant  to  dispossess  tenant  on  default, 3/9 


I 


INDEX.  593 


PAOI. 


Landlord  and  Tenant,  affidavit  of  tenant  denying, 379 

Precept  to  summon  jury, 379 

Subpoena  to  appear  and  testify, 380 

Warrant  to  dispossess  tenant  after  a  trial, 380 

Notice  by  tenant  that  he  will  quit, 380 

Complaint  for  forcible  entry  and  detainer, 381 

Affidavit  annexed  to, 381 

Precept  to  summon  jury, 381 

Notice  to  the  person  complained  of, 382 

Proof  of  service  of  notice, 382 

Juror's  oath, 382 

Inquisition  of  the  jury, 382 

Traverse, 383 

Venire  for  petit  jury, 383 

Juror's  oath  on  traverse, 384 

Warrant,  to  make  restitution, 384 

W"arrant  of  restitution,  on  default, 385 

Complaint,  for  forcible  entry  and  detainer, 385 

Affidavit  annexed  to  complaint, 386 

Lease,  should  be  in  writing, 362 

Power  of  attorney  to  make, 495 

Forms  of, ■. . . .  366,  367,  370,  372 

Assignment  of, 49 

And  chattel  mortgage, 372 

Legact,  power  of  attorney  to  receive, 494 

Bond  to  refund, Ill 

Letter  of  attorney,  what  is, 489 

Librarian  of  school  district,  elected  how, 503 

Book  of,. ." 518 

Vacancy  in,  how  supplied, 519 

Order  for  library  money, 511 

License,  petition  for,  to  sell  intoxicating  liquor, 214 

To  keep  a  hotel, 215 

To  sell  intoxicating  liquor  in  a  store, 216 

To  keep  a  ferry, 244 

Letter  of,  to  an  embarrassed  debtor, 187 

Life  Estate,  devise  of  by  wOl, 556 

Lien  of  mechanics,  notice  of, 39C 

Ldnatic,  how  taken  care  of, 387 

Deed  by  a  committee  of, 154 

Information  before  two  justices, 389 

Warrant  to  confine, 389 

Warrant  to  bring  before  justices, 290 

75 


594  INDEX. 

PASS. 

Lunatic,  order  sending  to  the  asylum, 390 

Affidavit  of  physicians  as  to, 390 

Application  to  a  judge  to  take  care  of, 391 

Affidavit  annexed  to  application, 391 

Subpoena  for  witnesses  as  to, 391 

Certificate  of  judge  as  to, ; 391 

Judge's  report  to  supervisors  as  to, 392 

Maiming,  vi^arrant  for, 353 

Maine,  form  of  acknowledgment  in, 9 

Manslaughter,  warrant  for, 35'2 

Manufacturing  Corporation,  charter  of, 84 

Maryland,  form  of  acknowledgment  in, 10 

Marriage,  who  may  solemnize, 288 

Divorce  from, , 289 

Certificate  of  minister  of, 292 

Certificate  of  magistrate  to, 292 

Certificate  of  town  clerk  to, 293 

Oath  identifying  parties, 293 

Articles  of, _. 293 

Jointure  in  heu  of  dower, 296 

Separation  from, 294 

Massachusetts,  form  of  acknowledgment  in, 9 

Mechanics'  Lien,  how  created, 393 

.Contractor's  notice  of, 396 

Notice  of,  by  third  person, 396 

Contractor's  notice  to  enforce  lien, 396,  397 

Notice  to  enforce  by  third  person, 397,  398 

Bill  of  particulars  of, 398 

Notice  served  Avith  bill  of  particulars, 398 

Proof  of  publication  of  notice, 399 

Proof  of  absence  of  owner, 399 

Proof  of  owner's  default, 399 

Judgment  on  default, 400 

Answer  of  the  owner, 400 

Bill  of  particulars  of  the  owner, 400 

Judgment  on  issue  and  trial, 401 

Notice  to  claimant  to  enforce, 401 

Proof  of  service  of  notice, 401 

Satisfaction  of, 401 

Michigan,  form  of  acknowledgment  in, 12 

Minor  may  bind  himself  as  apprentice, 19 

Indentures  to  bind, 24,  25 


INDEX.  595 


FAOB. 


Missouri,  form  of  acknowledgment  in, 12 

Mortgage,  what  is, 142 

How  foreclosed, 143 

Deed  in  foreclosure  of. 1 52 

Release  of  part  of  premises  of, 158 

With  interest  clause, 159 

With  covenant  to  insure, '. IGO 

For  purchase  money, 1  GO 

To  secure  a  note, IGl 

To  secure  indorser, 1 G 1 

Notice  of  sale  on  foreclosure  of, 1G2 

Proof  of  sale  in  foreclosure, 162 

Costs  iu  foreclosure  by  advertisement, 164 

Of  property  of  religious  society,  petition  for, 88 

Of  property  of  a  religious  society,  order  for, 89 

To  a  banking  association, 80 

Assignment  of,  to  banking  department, 81 

Release  from  part  of  land  subject  to, 500 

Of  a  ship  or  vessel, 525 

Assignment  of, 55,  57 

Mortgage  of  personal  property.  See  Chattel  Mortgage. 

Satisfaction  of, 13 

Mortgagor,  affidavit  of  an  assignment  to  Bank  Department, 76 

Consent  of,  as  to  assignment  to  department, 82 

Mother,  absconding,  warrant  for, 459 

Murder,  inquisition  of, 169,  170 

Warrant  for, 351 

Naturalization,  conditions  of, 402 

Declaration  of  intention, 405 

Clerk's  certificate  to  copy  declaration, 405 

Proof  of  declaration, 405 

Oath  at  the  time  of  admission, 406 

Proof  of  residence  and  good  behavior, , 406 

Oath  of  minor  at  the  time  of  admission, 406 

Proof  of  residence  during  minority, 406 

Affidavit  of  resident  alien  to  hold  real  estate, 407 

Certificate  of  citizenship, 407 

Navy,  pension  claim, 139 

New  Hampshire,  form  o^  acknowledgment  in, 9 

New  Jersey,  form  of  acknowledgment  in, .  10 

New  York  City,  districts  of,  assigned  to  coroners, 1C8 

Notary's  notice  of  protest  of  bills  and  notes, 98 


596  INDEX. 

FAOX. 

Notary's  certificate  of  protest  of  bills  and  notes, .   98,  99 

Certificate  of  loss  by  fire, 307 

Protest  of  ship  or  vessel, 526 

Fees  of, 227 

Note,  mortgage  to  secure, 161 

Indorser  of,  mortgage  to  secure, 161 

Complaint  against  maker, 333 

Notes,  forms  of, 95,  96 

Notice  of  protest  of, 98 

Certificate  of  protest  of, 98,  99 

Guaranty  of  payment  of, 97 

Guaranty  of  collection  of, 97 

Bond  to  indemnify  on  paying  lost, 112 

Notice,  to  arbitrators  of  their  appointment, 42 

Of  hearing  before  arbitrators, 43 

Of  revocation  of  arbitration, 44 

Notice  of  Sale,  to  foreclose  chattel  mortgage, 106 

Oath  of  constable  attending  jury  on  leave, 121 

Of  constable  attending  jury  on  adjournment, 121 

Of  constable  attending  a  jury  on  retiring, 1 22 

To  discharge  a  juror  or  constable, 122 

On  application  to  remit  a  fine, 122 

Uf  poor  witness  for  expenses, 122 

Of  juror  in  criminal  action, 123 

Of  triers  on  challenge  to  the  favor, 123 

Of  witness  sworn  before  the  triers, 123 

Of  a  witness,  on  a  trial  for  felony, 124 

Of  a  juror  on  a  trial  for  misdemeanor, 124 

Of  a  witness  on  a  trial  for  a  misdemeanor, 124 

Of  subscribing  witness, 17 

Of  person  identifying  witness,  or  parties, . .  • 17 

Of  person  sworn  with  uplifted  hand, 17 

Of  person  sworn  on  the  Gospels, 18 

Of  foreman  of  the  grand  jury, 118 

Of  grand  jury, 11° 

Of  petit  jury,  in  civil  action, 119 

Of  triers  in  a  civil  action, 120 

Of  a  witness  on  a  challenge  of  juror, 120 

Of  witness  in  a  civil  action, 120 

Of  interpreter, 121 

Of  interpreter  for  deaf  and  dumb  witness, 121 

Of  witness  on  voire  dire, 121 

To  show  loss  of  paper, 121 

Prehminary.  to  showing  handwriting  of  subscribing  witness, 121 


INDEX.  5P 


PAGE. 

Occupant  of  Land,  notice  as  to  tax  sale, 542 

Officers,  fees  of, 219 

Official  character,  certificate  of, 1-7 

Ohio,  form  of  acknowledgment  in, 11 

Okder,  of  court  of  sessions  on  complaint  of  master, 34 

Of  court  of  sessions  on  complaint  of  apprentice, 36 

Overseers  of  Highways,  how  many  elected  and  duties, 249 

How  elected, 543 

Order  appointing,  by  commissioners, 256 

Vacancy  in  ofSce,  how  filled, 544 

•  List  of  persons  for  highway  labor, 257 

Assessment  of  highway  labor, 258 

Notice  to  non-residents  as  to  labor, 250 

Complaint  by,  for  not  working, 2GQ 

Complaint  by,  for  not  furnishing  team 2C0 

List  of  persons  who  have  not  worked .  for  the  Supervisor, 262 

Annual  q,ccount  of^ 263 

Complaint  against,  for  neglect, 205 

Assessment  by,  persons  not  assessed, 266 

Assessment  by,  for  a,  scraper  or  plow, 282 

Notice  by,  to  agent  of  non-resident, 282 

Oath  of, 546 

Fees  of, 228 

Overseers  of  the  Poor,  duties  of, 455 

Constitutional  oath  of, 458 

Report  to  county  sessions, 460 

How  elected, 543 

Vacancy  in  office,  how  filled, 544 

Fees  of, 228 

Order  of,  to  remove  poor  person, 465 

Indenture  of  apprentice  by, 471 

Notice  by,  to  inn  keeper, 4/2 

Execution  against, 474 

Bond  of,  and  approval  of, 488 

Consent  to  apprentice's  indenture, 25 

Paper,  clerk's  certificate  to  a  copy  of/ 1  •^7 

Parent's  consent  to  apprenticeship, 24 

Agreement  on  behalf  of  apprentice, 26 

Partition,  deed  on  sale  in, 1  ^^3 

Covenants  in, 181 

Fees  of  commissioners  in, •  •  224 

Partner,  release  of  one  of, •  •  50) 


598  INDEX. 

TABZ 

Partnership,  what  is  a  general, 408 

Limited  or  special,  what  is, 410 

Articles  of, 414,  412 

Agreement  to  continue, 415,  413 

Dissolution  of, 416 

Certificate  of  limited, 416 

Acknowledgment  of  certificate, 416 

Affidavit  filed  with  the  certificate, 416 

Notice  be  published, 417 

Designation  by  clerk  of  newspaper, 417 

Proof  of  publication, 417 

Party  Wall,  contract  as  to, 136 

Patents  who  may,  and  how  obtain, 418 

Extended  w-hen, 420 

Fees  on  issuing, .' 421 

Who  may  receive  fees  for, 422 

Testimony  in  contested  cases, 423 

Petition  for, 424 

Specification  of, 424 

Specification  for  a  machine, 425 

Oath  annexed  to  specification, 425 

Oath  of  alien  to  specification, 425 

Petition  to  -withdraw  application, 426 

Surrender  of,  for  a  re-issue, 426 

Oath  to  application  for  re-issue, 426 

Addition  of  new  improvements, 427 

Disclaimer  of, 427 

Application  for  designs, 427 

Specification  for  designs, 428 

Oath  to  specification  for  designs, 428 

Caveat, 428 

Assignment  of  the  entire  interest, 429 

Assignment  of  partial  right, 429 

Certificate  of  deposit  with  Treasurer, 430 

Deposition  as  to  interference, 430 

Superscription  to  deposition, 430 

Amendment  to  specification, 430 

Assignment  for  one  or  more  States, 431 

Patent  Right,  assignment  of, 51 

Penal  Bill,  form  of, 109 

Pennsylvania,  form  of  acknowledgment  in, 10 

Pensions,  what  and  how  granted, 432 

Arrears  of,  to  whom  paid, 433 


INDEX.  590 

PAGE. 

Pensions,  invalid's  claim, 436 

Power  of  attorney  to  draw, 43G 

Acknowledgment  to  power  of  attorney, A'M 

Widow's  claim  for, 437 

Additional  proof  to  draw, 437 

Oath  of  guardian  for, 438 

Certificate  of  county  clerk  as  to  magistrate, 438 

Oath  of  the  attorney  who  draws, 438 

Identity  of  widow  or  child  of  pensioner, 438 

Certificate  as  to  death  of  a  pensioner, 439 

Navy  pension  claim,  439 

Widow  navy  pension  claim, 439- 

Guardian  claim  for  navy. 440 

Application  for  an  invalid, ^ 440' 

Certificate  of  clerk  as  to  officer, 441 

Surgeon's  certificate  as  to  invalid, 441 

Perjury,  warrant  for, 35G 

Petition  for  support  of  a  poor  relative, 458 

Against  a  disorderly  person, 474 

In  a  bastardy  case. 477 

To  sell  intoxicating  liquors  in  a  tavern, .    ...   214 

By  owner  of  land  to  keep  a  ferry, 243 

By  a  person  not  owner  of  land  to  keep  a  ferry, 244 

That  assignee  account, 61 

To  county  judge  in  plank  road  matters, 449 

For  patents, , 424 

That  a  lunatic  be  taken  care  of, .  .• 391 

To  withdraw  application  for  a  patent, 426 

Physicians,  affidavits  of,  as  to  lunacy, 390 

Plank  Roads,  companies  of,  how  formed, 442 

Application  to  board  of  supervisors, 443 

Acquire  title  to  land, 443 

Who  exempt  from  paying  toll, 444 

Affairs  of,  how  conducted, 445 

Liability  of  stockholders, 445 

Notice  that  books  are  open  for  subscription, 446 

Book  of  subscription, 44  6 

Notice  of  election  of  first  directors, 446 

Articles  of  association, 447 

Scrip  certificate, 447 

Proof  as  to  subscription, 448 

Application  to  supervisors, 448 

Notice  of  application, 448 

Notice  of  meeting  of  board  of  supervisors,    448 


600  INDEX. 

PAGE. 

Plank  PiOads,  proof  of  call  of  meeting  of  supervisors, 449 

Oatii  of  commissioners, 449 

Petition  to  count}'  judge, 449 

Affidavit  annexed  to  petition, 449 

Proof  that  owner  is  unknown, _. . .   450 

Order  for  a  jury  to  be  drawn,   450 

Notice  of  order  f(  ir  a  jury 450 

Order  appointing  guardian, 450 

Precept  to  summon  a  jury, 451 

Subpoena  for  witnesses. 451 

Order  fixing  meeting  of  the  jury, 451 

Notice  of  meeting  of  jury, 451 

Verdict  of  the  jury. 452 

Agreement  with  supervisors  and  commissioners, 452 

Release  of  land  for  i  oad, 452 

Notice  of  election  of  directors 453 

Notice  to  pay  in  stock, 453 

Annual  report  of  directors, 453 

Affidavit  annexed  to  report, 453 

Pleadings,  in  justice's  court,  kinds  of, 313 

Poisoning,  inquisition  in  case  of, 171 

Warrant  for, 354 

Policy  of  Insurance,  assignment  of, 50 

Poor  Laws,  regulations  by, 454 

To  provide  poor  houses, 455 

Who  are  vagrants, 456 

Who  arc  bastards, 456 

Oath  of  superintendent  of  the  poor 458 

Oath  of  overseer  of  the  poor, 458 

Petition  to  compel  support  of  relative, 458 

Notice  of  foregoing  petition, 459 

Proof  of  service  of  notice, 459 

Warrant  to  seize  goods, 459 

Report  to  county  sessions 460 

Bond  given  for  support  of  a  poor  person, 460 

Order  to  discharge  warrant, 460 

Order  of  sessions  to  support  poor, 461 

Notice  from  town  to  support  poor, 461 

Notice  contesting  settlement, 462 

Summons  to  witness, 462 

Decision  as  to  settlement, 462 

Notice  that  pauper  be  supported  by  town, 463 

Decision  le-examining  settlement, 463 

Certificate  as  to  a  county  pauper, 463 


INDEX.  601 


PAGE. 


Poor  Laws,  notice  as  to  legal  settlement, 4(J4 

Decision  of  county  superintendents, 404 

Overseer's  order  to  remove  poor  person, .- 405 

Certificate  as  to  expense, 405 

Order  to  pay  expenses, 405 

Order  for  temporary  relief, 406 

Certificate  for  weekly  allowance, 406 

Notice  of  no  legal  settlement, 406 

Proof  of  service  of  the  last  notice, 407 

Notice  of  improper  removal, 407 

Denial  of  improper  removal, 407 

Annual  report  of  superintendent, 408 

Supervisor's  report, 409 

Complaint  and  warrant  to  arrest  vagrant, - 409 

Conviction  of  a  vagi-ant, 470 

Commitment  of  a  vagrant, 470 

Warrant  to  send  child  to  poor  house, 47 1 

Indenture  of  apprentice  by  superintendents, 471 

Indenture  of  apprentice  by  overseers, 471 

Notice  to  tavern  keeper  not  to  sell  liquor, ; 472 

Notice  to  overseers  by  an  alleged  drunkard, 472 

Venire  to  examine  as  to  a  drunkard, 472 

Subpoena  for  witness  as  to  drunkenness, 473 

Juror's  oath, •. 4/3 

Witness'  oath, 473 

Execution  against  drunkard, 473 

Execution  against  overseers, 474 

Revocation  by  overseers, 4  r  4 

Complaint  against  disorderly  person, 474 

Warrant  against  disorderly  person, 475 

Recognizance  by  a  disorderly  person, 475 

Record  as  to  a  disorderly  person, 476 

Warrant  to  commit  a  disorderly  person, 4/6 

Discharge  of  a  disorderly  person, 476 

Jailer's  report  as  to  disorderly  persons, 477 

Application  as  to  a  bastard, 477 

Examination  before  birth, 4/7 

Examination  after  birth, 478 

Warrant  to  apprehend  a  father, 478 

Subpoena  in  a  bastardy  case, 4/8 

Bond  on  adjournment  in  bastardy,    478 

Order  of  filiation, 479 

Bond  under  order  of  filiation, 480 

Warrant  to  commit  putative  father, 480 

76 


602  INDEX. 

PAGE. 

Poor  Laws,  warrant  to  release  putative  fether, 481 

Justice's  indorsement  for  a  foreign  county, '481 

Justice's  indorsement  in  a  foreign  county, 482 

Bond  given  in  a  foreign  county, 482 

Indorsement  on  a  warrant, 482 

Order  of  filiation,  father  absent, 482 

Warrant  to  commit  a  mother, 483 

Summons  to  a  mother, 484 

Order  that  mother  support  child, 484 

Warrant  to  commit  a  mother, 485 

Summons  for  mother  to  testify, 485 

Warrant  to  seize  parent's  property, 486 

Order  reducing  sum  to  be  paid, 486 

Notice  for  order  to  increase  pay, 487 

Notice  for  order  to  reduce  pay, 487 

Notice  of  appeal  from  justice's  order, 487 

Bond  of  superintendent  of  the  poor, 487 

Approval  of  superintendent's  bond, 488 

Bond  of  overseer  of  the  poor, , 488 

Approval  of  overseer's  bond, , 488 

Port  Wardens,  certificate  of,  for  auctioneer, 69 

Pound  Masters,  how  elected, 543 

Vacancy  in  office,  how  filled, 544 

Fees  of, 228 

Power  of  Attorney,  what,  and  who  may  give, 489 

Common  form, 491 

To  receive  dividends  on  stock, 491 

To  vote  for  directors, 491 

Affidavit  annexed  to, 492 

For  transfer  of  stock, 492 

From  partners  to  collect  debts, 492 

To  receive  a  debt, 493 

To  receive  a  legacy, 494 

To  receive  rents  of  an  estate, 494 

From  creditors  to  bring  actions, 494 

To  lease  or  sell  lands, 495 

To  take  possession  of  land  and  sell, 495 

Revocation  of, 498 

To  transfer  stock  in  a  bank  or  corporation, 84 

To  receive  dividend 86 

To  appear  in  justice's  court, 325 

Printers,  fees  of, 228 

Private  Road,  application  for, 27' 


INDEX.  603 

PAGE. 

Private  Road,  certificate  of  jury  to  open, 276 

Summons  for  a  jury  to  open, 276 

Order  for  laying  out, 277 

Promissory  Notes,  forms  of, 95,  96 

Protest  of, 98,  99 

Property,  affidavit  to  recover  personal, 339 

Order  of  justice  to  take  personal, 340 

Undertaking  to  recover  personal, 340 

Complaint  for  injuring  personal,    335 

Complaint  for  injuring  real, 335 

What  exempt  from  taxation, 532 

Protest,  notice  of, 98 

Certificate  of, 98,     99 

Of  ship  or  vessel, 526 

Proxy  to  vote  at  election, 84 

Affidavit  annexed  to, 85 

Oath  of,  when  challenged, 86 

To  vote  for  directors, 491 

Public  Instruction,  Superintendent  of, 502 

Quiet  Enjoyment,  covenant  for, 181 

Quit-Claim  Deed, 146 

Rape,  vsrarrant  for, 352 

Real  Estate,  assignment  of  contract  for, 51 

Contract  to  sell  and  purchase, 131 

Receipt  and  Release,  what  is, 497 

A  general  form, 498 

For  a  quarter's  rent, 498 

For  money  paid  by  another  person, 498 

In  part  of  a  bond, 498 

For  interest  due  on  a  bond, 499 

On  account,  499 

Receiving  Stolen  Goods,  warrant  for, 356 

Recognizance,  of  a  witness  with  sureties, 358 

Of  a  prisoner  with  sureties, 359 

Of  a  disorderly  person, 47o 

On  application  to  keep  ferry, 244 

To  appear  at  court  of  sessions, 348 

To  keep  the  peace, ' 348 

Of  a  witness  before  a  coroner, 17o 

Of  master,  when  apprentice  complains, 33 

Of  apprentice,  where  master  complains, 35 

Proclamation  for  a  witness  to  appear  under, 123 


604  INDEX. 

FA6B. 

Recognizance,  clerk's  address  on  taking, 124 

Record,  clerk's  certificate  to  copy  of, 127 

Redemption  of  lands,  sold  for  taxes, 535 

Notice  of,  to  occupant  of  land, 542 

Proof  of  service,  of  notice  to, 542 

Of  judgment,  affidavit  for, 156 

Referees'  deed,  in  foreclosure, 152 

Deed  in  partition, 153 

Fees  of, 228 

Appointment  of,  as  to  laying  out  roads, 279 

Decision  of,  as  to  laying  out  roads, 281 

Registers  of  Deeds,  fees  of, 228 

Registry,  fees  of  the  clerk  of  the  board  of, 223 

Relations,  support  poor,  when, 454 

Release,  kinds  of, 497 

Of  all  demands, 499 

Mutual,  by  indenture, 499 

To  a  guardian  by  a  ward, 500 

Of  land  from  a  judgment, 500 

Of  part  of  mortgaged  premises, 500 

Of  one  of  a  partnership, 501 

Of  dower, 157 

Of  part  of  mortgaged  premises 158 

Of  land,  for  a  plank  road, 452 

Of  dower  to  the  heir, 205 

General,  indorsed  on  deed, 158,  205 

Of  damages,  on  opening  a  road, 270 

Religious  Society,  incorporation  of  Episcopal, 86 

Incorporation  of  other  than  Episcopal, 87 

Petition  to  sell  or  mortgage  estate  of, 88 

Petition  of  trustees  for  leave  to  mortgage, 88 

Order  for  leave  to  mortgage  or  sell, 89 

Bond  of  treasurer  of, 115 

Rent,  complaint  for, 334 

Power  of  attorney  to  collect, 494 

Receipt  for, 498 

Replevin,  affidavit  for, 339 

Order  of  justice  in, 340 

Undertaking  in,  of  plaintiff, 340 

Undertaking,  of  defendant  in, 341 

Return  of  constable  in, 341 

Summons  in, 343 


INDEX.  605 


FAOE. 


Heplevin,  complaint  in, 342 

Eeport  of  county  superintendent,  annual, 4G8 

Of  supervisor,  as  to  poor, 409 

Of  commissioners,  in  admeasuring  dower, 208 

Of  directors  of  plank  roads, 453 

Of  overseer,  to  county  sessions, -160 

Rescue,  warrant  for  aiding  in, 356 

Respoitdentia  Bond,  what  it  is, 103 

Form  of, 11'^ 

Revocation  of  a  power  of  attorney, 496 

Right  of  Wat,  deed  of, 1^7 

Riot,  warrant  for, 3o7 

Road  Districts,  order  dividing  a  town  into, 256 

Roads.   See  Highways. 

Sale,  sheriff's  certificate  of, 1^^ 

Satisfaction  of  a  judgment,  of  a  court  of  record, 14 

By  the  plaintiff, l"* 

Of  a  mortgage, 13 

(Another  form), 14 

Of  mechanics'  lien, 401 

Scholars,  abstract  of  attendance  of, 518 

School  Commissioner,  how  elected, 502 

Oath  of, 507 

Order  of  altering,  a  district, 507 

Certificate,  to  a  teacher, 509 

Annual  report  of 510 

Appeal  from  decision  of, 519 

School  District,  notice  of  meeting, 506 

Minutes  of  meeting,  •. 506 

Verification  to  accounts  of  officer  of, 516 

Alteration  of, 507 

Order  erecting, 508 

Notice  of  first  meeting, 508 

Fees  of  collector  of, 228 

Notice  of  sale  of  house  of, 509 

Financial  report  of  trustees  for  the  district, 513 

Report  of  trustees  of   for  town  clerk, 514 

Schools,  superintendent  of  public  instruction, 502 

Commissioners  ofj  election  and  duties  of, o02 

"What  may  draw  public  money, 502 

Duties  of  trustees. 504 


606  INDEX. 

PAOS. 

Schools,  duties  of  clerk  of, 503 

Tax  to  support, 504 

Duties  of  collector  of, 504 

Vacancy  in  offices  of,  supplied  how, 505 

Appeals  in  regard  to, 505 

ISTotice  of  meeting  of  district,  506 

Minutes  of  meeting  of  district, 506 

Consent  of  supervisor  that  house  be  removed, 506 

Oath  of  commissioner  of, 507 

Order  altering  district, 507 

Supervisor  and  town  clerk  as  to  altering, 507 

Consent  of  trustees  to  altering  district, 507 

Notice  where  trustees  do  not  consent, 508 

Order  for  a  new  district, 508 

Notice  of  first  district  meeting, 508 

Order  to  serve  notice  for  a  meeting, 508 

Notice  of  sale  of  property  of, 509 

Apportionment  of  proceeds  of  sale, 509 

Certificate  of  teacher, 509 

Order  annulling  certificate, 509 

Commissioner's  annual  report, 510 

Afiidavit  of  a  person  challenged,  . .' 511 

Order  for  teachers'  wages, 511 

Order  for  library  money, 511 

Tax  list  for  a  school  house, 511 

Warrant  to  collect  a  tax, 511 

Rate  bills  for  fuel, 512 

Bond  of  collector  of, 512 

Renewal  of  warrant, 513 

Trustees'  report  of  moneys  received, 513 

Report  of  trustees  for  town  clerk, 514 

Collector's  notice  to  pay  taxes, 516 

Return  of  collector, 516 

Collector's  notice  of  levy  and  sale, 516 

Verification  to  account  of  officers  of, 516 

Notice  oh  copy  account, 517 

Copy  accounffor  supervisors, 517 

Notice  on  copy  for  supervisors, 517 

Notice  to  officers  of  their  election.   518 

Notice  to  town  clerk  of  officers, 518 

Librarian's  book, 518 

Report  of  attendance  of  scholars, 518 

Appointment  of  trustee, 518 

Appointment  of  clerk,  librarian  or  collector, 519 

Appeal  to  superintendent, 519 


INDEX.  607 

FAOK. 

Schools,  notice  of  appeal, 520 

Proof  of  service  of  notice, 520 

Sealers  of  Weights  and  Measures,  how  elected, 543 

Vacancy  in   office,  how  filled, 544 

Fees  of, 22fci 

Search  Warrant,  complaint  for, 359 

Form  of, 360 

Security,  assignment  of  bond  and  mortgage  as, 57 

Assignment  of  contract  as, 57 

Seisin,  covenants  for, 180 

Settlement  of  a  poor  person,  order  for, 402 

Sheriffs,  deed  on  sale  under  an  execution, 150 

•  Deed  in  foreclosure, 152 

Deed  in  partition, 153 

Warrant  for  assaulting, 355 

Bond  to  indemnify, 113 

Certificate  of  sale 1 5G 

Assignment  of  certificate  of  sale, 157 

Acknowledgment  of  deed  by, 9 

Fees  in  civil  cases, 229 

Fees  in  criminal  cases, 230 

Ships  and  Vessels  to  be  registered, 521 

May  be  mortgaged, 522 

Sale  of  registered, 523 

Sale  of  enrolled, 524 

Enrollment  of, 524 

Mortgage  on 525 

Marine  protest, 52G 

Contract  to  freight, 133 

Shooting,  warrant  for, 353 

Sick  to  be  supported, 454 

Society,  bond  of  a  treasurer  of, 115 

Special  Sessions,  who  may  hold  court  of, 317 

Specification,  for  a  patent, 424,  428 

Stamps, 231 

Statute  of  Frauds 129 

Stock,  power  to  collect  dividends  on, 491 

Power  to  transfer, 492 

Of  company,  contract  to  sell, 138 

Of  plank  roads,  subscription  for, 44G 

Notice  to  pay  in 453 

Liabilitj  of  holders  of, 445 


608 


INDEX. 


PAGE. 

Stockholders  of  plank  roads,  liability  of, 445 

Notice  to  pay  in  stock, 453 

Oath  of,  when  challenged  at  election, 85 

Storekeepers,  license  to  sell  intoxicating  drink, 216 

Bond  of,  to  sell  intoxicating  liquor, 217 

Minute  of  board  of  excise,  as  to  liquor  sellers 218 

Strays,  whpt  are,  and  how  taken  care  of, 528 

Notice  of,  for  town  clerk, 530 

Notice  of  sale  of, 531 

Certificate  of  fence  viewer  as  to, 530 

Receipt  of  supervisor, 531 

Certificate  of  fence  viewer,  m  regard  to, 240 

Submission  to  arbitration, 41 

Revocation  of, 44 

Subpoena,  form  of, 328 

Duces  tecum, 328 

Proof  of  service  of, 323 

For  a  witness  to  get  an  attachment, 32 1 

To  examine  in  regard  to  lunacy,  . .  .• 391 

Of  coroner,  for  witness, 168 

In  criminal  matters, 358 

To  prove  as   to  habitual  drunkenness, 473 

For  a  subscribing  witness, 16 

Proof  of  service  of, 16 

Petition  for, 15 

In  a  bastardy  case, 478 

For  witness  in  plank  road  matters, 451 

To  appear  before  arbitrators, 43 

Oath  to  obtain, 43 

Subscribing  Witness.  See  Witness  Subscribing. 

Subscription,  to  build  a  church  edifice, 138 

Suicide,  inquisition  of  coroner  in  cases  of, 170,  172 

Summons,  in  justice's  court, 318 

Proof  of  service  of, 318 

Affidavit  for  a  short, 318 

Security  on  short, 318 

That  assignee  account, .••  62 

To  mother  on  order  of  filiation, 484 

To  mother  to  testify  in  bastardy, 485 

Long,  issued  when, 310 

Short,  issued  when, 311 

For  a  jury  as  to  encroaching  on  a  highway, 284 

In  replevin, 342 


INDEX.  609 

PAOE 

Summons,  for  a  witness  on  a  commission, 338 

Return  to,  of  defendant  not  found, 325 

For  witness,  by  superintendent  of  the  poor, 4G2 

For  witness  in  default, 329 

For  juror  iu  default, 329 

For  not  working  highways, 2G1 

For  a  jury  to  open  a  private  road, 276 

For  a  jury  to  open  a  highway, 273 

To  remove  or  show  cause,  tenant  at  will, 377 

To  a  jury,  on  removal  of  a  tenant, 379 

To  remove  tenant  in  default, 378 

Affidavit  to  obtain  for  non-payment, .' 378 

On  apprentice's  complaint  of  ill-treatment, 31 

On  apprentice's  complaint  where  money  is  paid, 32 

On  master's  complaint  where  money  is  paid, 34 

For  tenant  holding  over  to  remove, 375 

Proof  of  service  of. 375 

To  jury  in  forcible  entry  and  detainer, 381 

Superintendent  of  the  Poor,  to  be  elected 455 

Duties  of, 455 

Constitutional  oath  of, 458 

Decision  as  to  paupers, 462 

Decision  re-examining  settlement, 463 

Certificate  as  to  county  poor, 464 

Decision  of  the  board  of, 464 

Certificate  of  weekly  allowance, 466 

Annual  report  of, 468 

Indenture  of  apprentice  by, 471 

Application  by,  as  to  bastardy, 477 

Bond  of, 487 

Approval  of  bond  of, 483 

Supervisor,  how  elected, 543 

Vacancy  in  office,  how  filled, 544 

Duties  of  board  of, 544 

Consent  to  remove  school  house, 506 

Action  of  board  of,  as  to  school  officer's  accounts, 517 

Consent  to  alter  a  school  district, 507 

To  lay  taxes  by  the  board  of, 533 

Receipt  of,  for  money  for  strays, 531 

Application  to,  by  plank  road  company, 448 

Notice  of  meeting  for  plank  road  company, 448 

Constitutional  oath  of, 546 

Book  of  accounts, 546 

Certificate  of  accounts  of, 546 

77 


610 


INDEX. 


PAGB. 

Supervisors,  fees  of  clerk  of  the  board  of, 223 

Fees  of, 232 

Sureties,  Avarrant  to  commit  for  not  finding, 349 

Warrant  to  discharge  on  finding, 349 

Surety,  bond  to  indemnify, 112 

Surgeon,  certificate  of,  to  obtain  a  pension, 441 

Surrender,  of  a  lease, 371 

Surrogates,  fees  of, 232 

Surveyors,  fees  of, 232 

Tavern,  petition  to  sell  intoxicating  liquor, 214 

Bond  to  sell  intoxicating  liquor  in, 215 

Taxes,  what  property  exempt  from, 532 

Assessment  roll,  how  made, 533 

To  be  laid  by  board  of  supervisors 533 

Duties  of  collector  as  to, 534 

Duties  of  county  treasurer  as  to, 534 

Unpaid,  what  to  be  done, 535 

Sales  for,  by  comptroller, 535 

Land  may  be  redeemed  from  sale  for, 535 

Commutation  to  be  collected  with, 536 

Notice  of  completion  of  assessment, 537 

Assessment  roll, 537 

Assessment  roll  of  non-residents, 537 

Oath  of  assessor  on  roll, 538 

Oatli  of  assessor  on  military  roll, 538 

Collector's  bond, 538 

Collector's  warrant, 539 

Collector's  notice  to  pay, 539 

Account  of  unpaid  taxes, 540 

Affidavit  of  collector  to  unpaid  taxes, 540 

Treasurer's  certificate  as  to  unpaid  taxes, 540 

Notice  of  levy  and  sale  by  collector, 541 

Affidavit  that  company  has  not  paid, 541 

Affidavit  as  to  real  estate  to  reduce, 541 

Affidavit  as  to  personal  estate  to  reduce, 541 

Warrant  of  county  treasurer, 541 

Notice  to  occupant  of  land  sold, 542 

Proof  of  service  of  notice, 542 

Teacrer  of  Schools,  certificate  of, 509 

Attendance  of  scholars, 518 

Order  annulling  certificate, 509 

Order  for  wages, 511 

Tenant,  who  is,  and  rights  of, 361 


INDEX.  611 

I  FAOB. 

Tenant,  may  sublet  when, 3G2 

May  be  removed  when, 303 

Agreement  of  hiring, 36G 

Surety  given  by, 3G9,  3G6 

Agreement  not  to  underlet, 3G7 

Agreement  with  a  landlord, 3G9 

Assignment  by, 3(1 

Surrender  by, 371 

Lease  and  chattel  mortgage  by, 372 

Bond  on  appeal  from  order  as  to  abandonment, 374 

Notice  of  appeal  as  to  abandonment. 374 

Summons  to  remove,  when  holding  over, 375 

Warrant  to  put  out,  when  holding  over, 37G 

Notice  to,  to  quit,  when  at  will, 376 

Summons  to,  to  remove  or  show  cause, 377 

AVarrant  to  remove,  when  at  will, -J ' ' 

Summons  to  remove  for  non-payment, 378 

AVarrant  to  remove  for  non-payment, 379 

Affidavit  of,  denying, 379 

Notice  of,  that  he  will  quit, 380 

Testimony,  taken  by  coroner, 1 '  '*• 

Towns,  division  of,  into  election  districts, 548 

Account  against, -^^^ 

Accounts  audited  against, 550 

Notice  to  build  a  house  for, 550 

Resolution  to  build  a  house  for, 551 

Notice  of  meeting  of, 551 

Notice  to  county  clerk  what  officers  elected  in, 551 

Town  Clerk,  how  elected, '>43 

Vacancy,  how  filled, 544 

Constitutional  oath  of, 54G 

Certificate  as  to  entries  of, 547 

Appointment  of, •5-^' 

Notice  of  town  meeting  by, 551 

Notice  to  county  clerk  of  persons  elected, 551 

Certificate  as  to  marriage, 293 

Fees  of, 233 

Town  Collectors,  fees  of, 233 

Town  Meetings  when  held,  and  who  to  elect, 5 13 

Who  to  preside  at, 544 

Notice  of, 551 

Town  Officers,  what  and  how  chosen, 543 

Vacancies  in,  how  filled, 544 


612  INDEX. 

PAGE. 

Town  Officers,  who  form  board  of  town  audit, 544 

Duties  of  supervisors  as  to  money, 544 

Duties  of  board  of  supervisors, 544 

Constitutional  oath  of, 546 

Supervisor's  book  of  account, 546 

Certificate  as  to  supervisor's  account, 546 

Certificate  as  to  copies  of  town  clerk's  book, 547 

List  of  jurors, 547 

List  of  grand  jurors, 547 

iSTotice  of  election, 548 

Division  of  town  into  districts, 548 

Alteration  of  election  districts, ; 548 

Call  to  appoint  inspector  of  elections, 549 

Appointment  of  inspector  of  elections, 549 

Account  against  a  town, 549 

Affidavit  to  an  account, 549 

Claims  audited  by  town  board, 550 

Notice  of  resolution  for  a  town  house, 550 

Proof  that  resolution  passed, 550 

Resolutions  to  raise  money  for  a  town  house, 551 

Appointment  of  a  town  clerk, 551 

Notice  of  a  town  meeting, 551 

Notice  to  county  clerk  of  election  of  officers, 551  , 

Transfer  of  stock,  power  of  attorney  to  make, 85 

Transcript  of  judgment  on  contract, 342 

Of  judgment,  in  tort, 343 

Treasurer  of  a  society,  bond  of, ' 115 

Of  the  county,  fees  of, 225 

Trespass  in  cutting  timber,  w^arrant  for, 357 

Trustees  of  school  district,  how  elected, 503 

Order  filling  vacancy, 518 

Duties  of, = 504 

Of  assigned  debtors,  fees  of, 233 

Acknowledgment  of  deed  by, 9 

Cnder  Sheriff,  acknowledgment  to  deed  by, 7 

Undertaking  of  plaintiff  in  replevin, 340                    i 

Qualification  of  sureties, 340                    V 

Of  defendant  in  replevin, 341                     j 

Vagrant,  complaint  against, 469  * 

Warrant  to  arrest, 469 

Conviction  of, 470 

Commitment  of 470 


INDEX.  613 

PAGE 

Venire  in  justices'  court, 330 

Ketuni  to,  330 

For  jury  in  forcible  entry  and  detainer,  383 

To  test  as  to  a  liabitual  drunkard, 472 

Verdict,  talcing  of,  in  a  capital  case, 125 

Taking  of,  in  a  civil  case, * 126 

Polling  a  jury  on  taking, 125 

Entry  of,  in  civil  actions, 12G 

Of  a  jury  as  to  title  for  plank  road, 452 

Vermont,  form  of  acknowledgment  in, 10 

Vessel,  sale  of  a  registered, 102 

Bottomry,  bond  of, 113 

Bill  of  sale  of  an  enrolled, 103 

Vessel.  See  Ship. 

Virginia,  and  West  Virginia,  form  of  acknoledgement  in, 11 

Wages,  assignment  of  demand  for, 52 

Waiver  of  exemption  of  homestead, 299 

Wall,  contract  as  to  a  party, 136 

Warrant,  civil, 319 

Return  of  constable  to, 319 

Affidavit  for,  for  not  paying  money,     ■ 319 

Affidavit  for,  by  non-resident  plaintiff,  . 320 

Affidavit  for,  in  trespass, 320 

Security  on  issuing, 320 

To  collect  school  moneys, 511 

Renewal  of, 513 

To  collect  costs  as  to  encroachment  on  roads, 286 

To  dispossess  tenant  on  default, 379 

To  dispossess  tenant  after  verdict, 380 

To  arrest  subscribing  witness, 16 

To  commit  subscribing  witness, 17 

To  put  landlord  in  possession, 376 

To  remove  tenant  at  will, 377 

Of  coroner  to  arrest  party  charged, 173 

Of  coroner  to  commit  a  party  charged, 174 

Of  coroner  to  commit  a  witness, 175 

To  collect  a  fine  for  not  working  highways, .- 262 

To  collect  taxes  by  board  of  supervisors, 539 

To  collect  taxes  by  county  treasurer, 541 

To  commit  for  not  finding  sureties, 349 

To  commit  for  threats  or  an  affray, 349 

To  discharge  from  jail  on  finding  sureties, ...  349 

Complaint  on,  for  grand  larceny, ■ 350 


614  INDEX. 

PAGE. 

Warrant,  for  grand  larceny, 350 

For  assault  and  battery, 351 

For  murder, 351 

For  manslaughter, 3n2 

For  a  rape, 3w2 

For  maiming, 353 

For  shooting  with  intent  to  kill, 353 

For  shooting  with  intent  to  commit  a  felony, 353 

For  assault  Avith  a  deadly  weapon 353 

For  poisoning, 354 

For  assault  with  intent  to  commit  a  felony, 354 

For  assault  with  a  dog, 355 

For  assault  by  recklessly  driving  a  cart, 355 

For  assaulting  a  sheriff, ■  •  •   355 

For  false  imprisonment, 355 

For  receiving  stolen  goods, 356 

For  perjury, 356 

For  aiding  to  break  jail, 356 

For  rescuing  a  prisoner,  356 

For  aiding  to  escape, 356 

For  a  riot, 357 

For  bigamy, 357 

For  keeping  a  disorderly  house, 357 

For  trespass  in  cutting  timber,  357 

Of  commitment  for  further  examination, 357 

Complaint  for,  for  a  search, 359 

For  a  search, «^C(J 

For  a  witness  not  obeying  subpoena, 358 

For  absconding  father,  husband  or  mother, 459 

Discharge  of,  for  absconding, 460 

To  arrest  a  vagrant, 469 

To  commit  a  vagrant, 470 

To  commit  child  to  poor  house, 471 

To  arrest  a  disorderly  person, 475 

To  commit  a  disorderly  person, 476 

To  discharge  a  disorderly  person, 476 

To  apprehend  putative  father, 478 

To  commit  putative  father, 480 

To  release  putative  father, 481 

To  commit  a  mother  for  not  testifying, 483 

To  seize  property  in  bastardy, 486 

To  commit  for  not  paying  in  bastardy  case, 485 

Of  restitution  in  forcible  entry  and  detainer, 384 

To  confine  a  lunatic, 389 

To  bring  lunatic  before  justices, 390 


LNDEX.  615 

PAGE. 

Warrant,  for  contempt, 346 

For  breach  of  the  peace, 348 

Complaint  for, 347 

Examination  for  a  breach  of  the  peace, 348 

To  commit  a  witness  refusing  to  testify, 347 

To  arrest  apprentice,  ibr  not  working, 28 

To  commit  apprentice  for  not  working, 29 

To  arrest  apprentice  for  misbehavior, 30 

To  commit  apprentice  for  misbehavior, 30 

Warranty,  complaint  for  breach  of, 335 

Warranty  Deed, 147 

Water-Course,  deed  of, 155 

Way,  deed  of  right  of, o 157 

Wheat,  contract  for  sale  of, 139 

Widow  of  pensioner,  identity  of, 438 

Wills,  who  may  make,  and  how  executed, 552 

Witnesses  to,  in  different  states, 553 

How  revoked, 553 

When  revoked  in  part, 553 

May  be  recorded,  when, 554 

When  it  gives,  in  addition  to  dower, 554 

Common  form, 555 

Codicil  to, 556 

Of  estate  for  life  in  lieu  of  dower, 556 

As  to  advancement  to  children, 556 

Appointment  of  guardians, 557 

Charging  annuity  on  real  estate, 557 

Appointing  guardian,  and  as  to  property  of  infant, 558 

Power  to  convey  real  estate, 558 

Proof  of  execution  of, 558 

Proof  of  record  of, 559 

Proof  that  executor  has  qualified, 559 

Certificate  attached  for  record, 560 

Deed  executed  under, 153 

Wisconsin,  form  of  acknowledgment  in, 13 

Witness,  subpoena  for,  before  coroner, 168 

Attachment  of  coroner  against, 1 68 

Oath  of,  on  coroner's  inquest, jl69 

Testimony  of,  before  coroner, 174 

Commitment  of,  by  coroner, 175 

Recognizance  of,  before  coroner, 175 

Commitment  of,  for  not  testifying, 347 

Subscribing,  petition  to  compel,  to  testify, 15 


tJ16  INDEX. 

PAOB, 

Witness,  subscribing,  subpcena  for, IG 

Subscribing,  proof  of  service  of  subpoena  on, IG 

Subscribing,  warrant  to  arrest, 16 

Subscribing,  commitment  of,   17 

Subscribing,  oath  administered  to, 17 

Subscribing,  affirmation  administered  to, 17 

Subpoena  and  oath  as  to  drunkenness, 473 

Justice  of  the  peace,  a  material, 333 

Subpoena  for,  by  plank  road  company, 451 

Not  attending,  warrant  for, 358 

Eecognizance  of, 358 

Summons  for  a  defaulting, 329 

Attachment  for  a  defaulting, 329 

Conviction  of  a  defaulting, 329 

Execution  against  a  defaulting, 330 

Summons  for,  on  a  commission, ' 338 

Oath  of,  before  a  commissioner, 339 

Fees  of, 233 

To  a  will,  how  many, 553 

Oath  of,  in  justice's  court, 332 

Oath  on  voire  dire, 332 

Oath  of,  on  challenge  to  the  jury, 331 

Subscribing,  absence  of,  proved, 331 

Wood,  contract  to  sell  and  deliver, 137 

Workman,  contract  with, 138 

Work,  labor  and  services,  complaint  for, 334 


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